The McKean County District Attorney’s Office has confirmed that District Attorney Stephanie Vettenburg-Shaffer has filed a legal notice that the District Attorney’s Office will seek the death penalty against Tyler PRESCOTT. PRESCOTT is charged with Criminal Homicide, Rape of a Child, and other charges in the death of his minor child in August.

The document advises the defendant that the Commonwealth is seeking a sentence of death if he is convicted of Homicide by 1st degree Murder. 

Pennsylvania law identifies 18 factors that support a sentence of death if an offender is convicted of Murder in the 1st degree (premeditated/intentional killing). The only other possible sentence other than death for an offender convicted of Murder 1st is life in prison. Murder 1st is the only crime for which death is a possible sentence in Pennsylvania.

The Commonwealth lists the following factors from the statute that it will submit for sentencing upon a conviction for murder 1st in the case: (1) The victim was a child under 12 years of age; (2) the killing occurred while the defendant was in the perpetration of a felony; (3) the death was committed by means of torture; and (4) the killing occurred while the defendant was committing a felony under The Controlled Substance, Drug, Device and Cosmetic Act.