No death penalty sought in Omak killing, rape case - Spokane, North Idaho News & Weather KHQ.com

No death penalty sought in Omak killing, rape case

OMAK, Wash. (AP) - Okanogan County Prosecutor Karl Sloan says he will not seek the death penalty if an Omak man is convicted of raping two women and killing one of them.

Kelly E. Small pleaded not guilty last week in Okanogan County Superior Court to all charges in the death and rape of 51-year-old Sandy Bauer 12 years ago in Omak, and the rape and attempted murder of another Omak woman four years ago. The 47-year-old Small is charged with aggravated first-degree murder, attempted first-degree murder, two counts of first-degree rape, two counts of first-degree burglary, and forgery.

Sloan says the charges warrant the death penalty, but he doubts a review by the state Supreme Court would uphold that sentence.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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