Carson City District Attorney Jason Woodbury filed notice Thursday that his office will not seek the death penalty against Samuel Cocking for his alleged role in the Dec. 28 homicide of Phillip Eubanks.
Prosecutors have charged Cocking, 19, with shooting and killing Eubanks, 41, during a confrontation on a sidewalk in the 400 block of East William Street in Carson City.
Upon his arrest he has been held without bail.
The absence of “aggravating factors” in the incident drove the decision, according to Woodbury. “Nevada law lists 15 circumstances that aggravate first degree murder,” said Woodbury. “A defendant cannot be sentenced to death unless one or more of those factors is proved beyond a reasonable doubt, and the aggravating circumstances outweigh any mitigating circumstances.”
Woodbury explained his office reviewed the evidence thoroughly before concluding none of the aggravating factors identified by Nevada law exist in this case. Woodbury added the team prosecuting the case met with the family of Eubanks to discuss the issue before making a final decision.
Cocking will appear in Carson City Justice Court on Friday to have an attorney appointed and his preliminary hearing on the charges scheduled.
