January 1, 2006 in City

Idaho man could face death penalty

Associated Press
 

TWIN FALLS, Idaho – A grand jury in southern Idaho has determined that a father charged with killing his three children could be eligible for the death penalty.

Prosecutors say Jim Junior Nice, 33, used rat poison and over-the-counter medicine to kill his 6-year-old twin sons, Spencer and Justin Nice, and 2-year-old daughter, Raquel Nice. They were found dead Dec. 21 at their father’s home.

Nice is being held without bail in the Twin Falls County Jail. He is expected to be arraigned Tuesday in 5th District Court. Once Nice enters a plea, the prosecutor’s office has 30 days to decide whether to seek the death penalty.

“We’ll give it a lot of consideration during that time,” Grant Loebs, Twin Falls County prosecuting attorney, told The Times-News. “I don’t want anybody to think we’ve made the decision, but you lose the option to ask for the death penalty if the grand jury doesn’t find aggravating circumstances.”

The grand jury indictment Wednesday alleges that those circumstances exist because more than one life was taken and the deaths were committed in a cruel manner. Specifically, the indictment alleges that Nice “exhibited utter disregard for human life” and that the children died under “aggravating circumstances” in a manner “especially heinous, atrocious or cruel, manifesting exceptional depravity.”

A death sentence can be imposed only by a trial jury, Loebs said.

The indictment was one of two issued by the grand jury. The second replaces a three-count criminal complaint filed against Nice last week and charges Nice with three counts of first-degree murder.

© Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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