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Court OKs death penalty prosecution in officer killing case
By Associated Press
Published: 04/26/2004

The New Mexico Supreme Court has ruled prosecutors can seek the death penalty for the killing of an officer in a privately operated prison.
The state Supreme Court issued the ruling in the case of three inmates accused of killing Guadalupe County Correctional Facility officer Ralph Garcia during a 1999 uprising.
The prison is owned and operated by Florida-based Wackenhut Corrections Corporation. The prison houses some state inmates.
Attorneys representing three inmates charged with Garcia's murder contend that the death penalty didn't apply to slayings in a private prison.
The Supreme Court ruled that a district judge was correct in rejecting that argument.
New Mexico law provides for capital punishment for the murder of peace officers and prison workers. At issue in the case was a question of whether the privately operated prison is covered by the death penalty provision and whether corrections officers are considered peace officers.


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