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Prosecutor Ryan Mears said Thursday that the murder case involving a deputy meets the criteria for the death penalty.

Mears gave four reasons as to why the murder qualifies for the death penalty. The two most compelling reasons are the murder of an officer, and the murderer has a previous charge of murder.

Orlando Mitchell just after 11 a.m. on Monday, forced the chain of his handcuffs over Deputy John Durm‘s head and wrapped the chain around his neck, killing the deputy.

The incident was caught on camera, and the current sheriff said that someone should have been watching the camera and that Durm should not have been alone.

Deputy Durm was unloading Mitchell from a van after a medical appointment when the attack happened. The incident went on for five minutes before Durm became still.

Indianapolis Metropolitan Police Department is handling the investigation. Assistant Chief Chris Bailey of IMPD said, “This was a brutal and evil attack. There is no doubt about it and not his first one. He killed Krystal Walton and attacked two IMPD officers with a rifle. He has no business, if convicted, to ever step foot out of a jail cell again.”

The murder of Krystal Walton, the mother of Mitchell’s children, happened in September. Mitchell is still awaiting trial in that case.

The prosecutor says a death penalty case will take longer than a traditional murder case. Mears claims to have the support of the Sheriff’s Office and Durm’s family. “This is going to be a lengthy process. I certainly feel comfortable with conversations that we have had and their support for this decision.”

To hear Tony Katz’s thoughts on Mitchell getting the death penalty, click the link below.