IN THE DISTRICT COURT FOR WESTERN DISTRICT OF WESTERN DIVISION

UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Case No. 94-00037-01-CR-W-8 ) STEVEN J. VEST, ) ) ______D-=e=f=e=n~d~a~n~t~. _____ )

NOTZCB OF ZNTENT TO SEEK THE DEATH PENALTY Comes now the united States of America, pursuant to Title 21, united States Code, section 848(h) (1) (A) and (B), by and through its undersigned counsel, and notifies the Court and the defendant in the above-captioned case that in the event of conviction for one or both of the intentional killings of Juan Bojorquez and Ernest Carbajal, the Government will seek the sentence of death for Steven J. Vest under 21 U.S.C.

§ 848 (e) (1) (A) • The Government will seek to prove the following aggravating factors as the basis for the death penalty. Z. For the Killing of Juan Bojorquez A. Aggravating Factors Enumerated under 21 U.S.C. § 848(n)(1)(A) through (D): 1. The defendant intentionally killed the victim. section 848(n) (1) (A). 2. The defendant intentionally inflicted serious bodily injury which resulted in the death of the victim. Section 848(n) (1) (B). 3. The defendant intentionally engaged in conduct intending that the victim be killed and that lethal force be employed against the victim, which resulted in the death of the victim. section 848(n) (1) (C).

B. Aggravating Factors Enumerated under 21 U.S.C. § 848(n)(2) through (12):

1. The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of something of pecuniary value. section 848(n) (7).

2. The defendant committed the offense after substantial planning and premeditation. section 848(n) (8).

3. The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. section 848 (n) (12) • II. Por the Killing ot Ernest Carbajal

A. Aggravating Factors Enumerated under 21 U.S.C. § 848(n) (1) (A) through (D):

1. The defendant intentionally killed the victim. section 848(n) (1) (A).

2. The defendant intentionally inflicted serious bodily injury which resulted in the death of the victim. section 848(n) (1) (B).

3. The defendant intentionally engaged in conduct intending that the victim be killed and that lethal force be employed against the victim, which resulted in the death of the victim. section 848(n) (1) (e).

B. Aggravating Factors Enumerated under 21 U.S.C. § 848(n) (2) through (12):

1. The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of something of pecuniary value. section 848(n) (7).

2 2. The defendant committed the offense after substantial planning and premeditation. section 848(n) (8).

3. The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. section 848(n)(12).

III. For Bach and Both of the Killings of Juan Bojorquez and Brnest Carbajal.

A. Other Aggravating Factors Identified under 21 U.S.C. § 848(h) (1) (B), and § 848(k) (Non­ statutory Factors):

1. Multiple Murders: The defendant has been convicted of more than one of the following Federal offenses, resulting in the death of a person, for which a sentence of life imprisonment and a sentence of death have been authorized by statute, to wit: the intentional killings of Juan Bojorquez and Ernest Carbajal. 2. Victim Impact: The defendant caused harm as a result of the impact of these killings upon the family of Juan Bojorquez and Ernest Carbajal.

Respectfully submitted,

stephen L. Hill, Jr. united states Attorney western District of Missouri )/ j /'~ ,~ / , I t. By: W' / ( //Charles ,'E. Ambros', '-~/ Assistant-united states Attorney 1201 Walnut street, suite 2300 City, Missouri 64106-2149 (816) 426-3122

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3 CERTIFICATE OF SERVICE

I hereby certify that a copy of this notice was served upon the counsel of record for the defendant, as named below, on October tJ, 1994:

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Charles E. rose, Jr. Assistant united states Attorney 1201 Walnut street, suite 2300 Kansas City, Missouri 64106-2149 (816) 426-3122

John P. O'Connor, Esq. 4100 One Kansas City Place 1200 Main street Kansas City, Missouri 64105

Patrick W. Peters, Esq. 639 East 65th street Kansas City, Missouri 64131

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