OC District Attorney Tony Rackaukas Seeking Death Penalty in Seal Beach Massacre

The Orange County District Attorney's Office announced Friday it will pursue the death penalty against a revenge-bent man accused of murdering his ex-wife and seven others in a historic, two-minute spasm of bloodshed at a crowded salon in Seal Beach on Wednesday.

Suspect Scott Dekraai is being held without bail at the Orange County jail pending his next court date. In the state of California, in order for the death penalty to be pursued- there has to be what called “Special Circumstances” according to Penal Code 190.2. Below is a summary of what constitutes “Special Circumstance” murder in California- and how those factors allow state prosecutorial agencies to pursue the death penalty.

Under California law, capital murder…also referred to as first-degree murder with special circumstances…refers to first-degree murder charges that are punishable by either
1. the death penalty, or
2. a state prison sentence for life without the possibility of parole "LWOP".

Capital murder applies to over 20 different situations that involve murder. These "special circumstances" that elevate first-degree murder to capital murder are listed in California Penal Code 190.2 PC and include (but are not limited to):
• murdering another for financial gain,
• murdering more than one victim,
• murdering a police officer, firefighter, prosecutor, judge, juror, or elected official,
• murdering a witness to prevent him/her from testifying,
• murdering another while committing, attempting to commit, or immediately after committing any of the felonies that subject a defendant to the first-degree felony-murder rule,
• murdering another because of his/her race, color, religion, nationality, or country of origin,
• murdering another by discharging a firearm from a motor vehicle (a “drive-by” shooting)
• murdering another for the benefit of a criminal street gang pursuant to Penal Code 186.22 PC.

The second factor listed above- murdering more than one victim- is the special circumstance being alleged by Orange County District Attorney’s Office to pursue the death penalty against Scott Dekraai.
If you or a family member are looking at this type of crime, contact the experienced Southern California criminal murder attorneys at Wallin & Klarich. We've have been helping criminal defendants for over 40 years. Call us at (888) 280-6839.

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