Death penalty may not be option in child slaying case

The slaying of a 3-year-old Battle Ground boy has prompted calls for the death penalty for his alleged killer, but that ultimate punishment may not be an option in this case.

Only the crime of aggravated first-degree murder carries a death penalty, and it’s unclear whether that charge will be filed against Ricardo Gutierrez, 39, the man accused of killing his girlfriend’s son.

Clark County Prosecuting Attorney Tony Golik said his office is still working with investigators to determine all of the facts of the Monday night slaying at the Battle Ground home.

Gutierrez appeared Tuesday in Clark County Superior Court on suspicion of first-degree murder. He allegedly beat and stabbed Jose “Pepe” Castillo-Cisneros to death after the child started crying over a movie that he didn’t want to watch, according to court records. The boy’s family has said he was autistic.

Golik said Wednesday that his office has not yet made a charging decision in the case.

And, he did not say whether his office plans to seek the death penalty for Gutierrez if he is charged with aggravated first-degree murder. The law would allow the prosecution to pursue the charge and capital punishment if any one of 14 aggravating factors apply to the case. An aggravator is any fact or circumstance that increases the severity or culpability of a crime.

A number of factors are considered in aggravated first-degree murder, including whether the defendant killed a police officer, was hired to commit the murder or had escaped from custody and committed a murder.

At this time, it doesn’t appear Gutierrez’s case neatly fits into any of the 14 aggravating factors. A full list of the aggravating factors for first-degree murder can be found on the Washington State Legislature’s website.