Death penalty option unlikely in fatal crash

A federal prosecutor said Thursday her office likely will not seek the death penalty against the driver of a truck filled with illegal immigrants, who lost control of the vehicle resulting in the death of two and injuring six, including the driver.

Assistant U.S. Attorney Lynda Krause told U.S. Magistrate Judge David Nuffer that although the crime against 24-year-old Enrique Lopez does carry the death penalty option, her office does not think it will pursue it. However, the final decision will have to come from the U.S. attorney general.

Lopez is charged with one count of transporting illegal immigrants, resulting in death.

The accident happened last week near Apple Valley in Washington County. Prosecutors claim Lopez was transporting six others, who were from either Mexico or Guatemala, to Las Vegas when the truck rolled. A 31-year-old woman and a 27-year-old man were ejected from the truck's cab, killing them.

Lopez said little in court Thursday and was assigned a Spanish-speaking public defense attorney. An arraignment date has been scheduled for June 21 when Lopez is expected to enter a plea to the charge.

Prosecutors said Lopez will remain in federal custody on an immigration hold because he is an illegal immigrant.