Death Penalty Not Ruled Out in McQuain Homicide

The top prosecutor in Maryland's Montgomery County says he may consider pursuing the death penalty against a man charged with killing his estranged wife and who's suspected in the death of his stepson.

"It's something that has to be considered because of the magnitude of these crimes," State's Attorney John McCarthy said.  "But again, any decisions on this matter relative to the filing of death is far too premature."

Curtis Lopez, who was arrested last week in North Carolina and will be returned to Maryland to face charges.  He says he's not sure Lopez is eligible for the death penalty under Maryland requirements.

Lopez is accused of killing Jane McQuain, who was found beaten and stabbed to death in her Germantown home. Police on Tuesday found the body of 11-year-old William McQuain in a wooded area of Clarksburg. An autopsy is being done to determine the cause of death.

"This is a matter I am sure everyone would understand we have to take our time with," McCarthy said.