DA TO SEEK DEATH PENALTY IN ESPERANZA FIRE CASE

RIVERSIDE, CALIFORNIA, May 9, 2007: District Attorney Rod Pacheco announced today that the Riverside County District Attorney's Office will seek the death penalty against the man accused of killing five firefighters.

Raymond Lee Oyler is charged with five counts of murder with special circumstances in the deaths of Mark Loutzenhiser, Daniel Hoover-Najera, Jess McLean, Jason McKay, and Pablo Cerda, during the Esperanza Fire that raged through Riverside County on October 26, 2006.

The Riverside County District Attorney's Office considers a number of factors when determining whether or not to seek the death penalty. District Attorney Pacheco has created a new procedure for considering this most important decision. First, the district attorney personally meets with the victim's family members to consider their concerns and wishes. Then, a panel of top management staff, seasoned prosecutors, who have themselves tried death penalty cases, review the facts and circumstances of the case. Law enforcement investigators are also included as well as their recommendation.

During this meeting, defense counsel is invited to make a presentation or offer evidence regarding the mitigating factors surrounding the defendant's case. In this particular case, Oyler's attorney, Mark McDonald, submitted a letter outlining the mitigating factors in his client's case. At the conclusion of the meeting, the district attorney ultimately decides whether or not to seek the death penalty.

"The loss of life as well as the loss to the family and to the community is incalculable with devastating effects lasting a lifetime," Pacheco said.

"Therefore, it is the intention of the Riverside County District Attorney's Office to seek death for Raymond Lee Oyler," Pacheco concluded.