Prosecutors make 'difficult decision' to not seek rehearing to r - WAFB 9 News Baton Rouge, Louisiana News, Weather, Sports

Prosecutors make 'difficult decision' to not seek rehearing to restore death penalty for cop killer

Betty Smothers (Source: Baton Rouge Police Department) Betty Smothers (Source: Baton Rouge Police Department)
Kevan Brumfield (Source: WAFB) Kevan Brumfield (Source: WAFB)

After 23 years of proceedings, a family will make its last trip to court when a convicted cop killer is resentenced to life in prison after spending more than two decades on death row.

The East Baton Rouge District Attorney’s Office issued a news release Friday morning stating it has decided any effort to seek a rehearing to restore the death penalty for Kevan Brumfield, one of two men convicted of murder in the shooting death of Cpl. Betty Smothers, 36, a murdered Baton Rouge police officer, would be denied.

Prosecutors said they, therefore, will not to seek a rehearing and added they have consulted Smothers’ family about it. They also stated the family will be present when Brumfield is resentenced to life in prison. 

"The pursuit of this case has been 23 years. Miss Prim Burns, Monisa Thompson have spent a career on this case. The family has seen this case through 23 years. So it's painful in the regard that this family thought that justice in this case was the death penalty that was imposed by this jury," Moore said. 

The US Supreme Court rejected on June 6, 2016 the request by the 19th District Attorney's Office to appeal a ruling by an appeals court judge in December 2015. A 5th Circuit Court of Appeals judge upheld a federal court decision that Brumfield could not be executed because he was determined to be mentally disabled at the time of the crime.

Smothers, who is the mother of NFL player Warrick Dunn, was killed shortly after midnight on Jan. 7, 1993. Brumfield was sentenced to death for the police officer’s brutal murder. In 2002, the U.S. Supreme Court ruled anyone who is intellectually disabled cannot put to death.

Below is a copy of the entire news release from the district attorney's office:

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