Case 4:14-cr-40063-JPG Document 92 Filed 04/21/15 Page 1 of 5 Page ID #369 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS UNITED STATES OF AMERICA, Plaintiff, vs. CRIMINAL NO. 14-CR-40063-JPG JAMES NATHANIEL WATTS, Defendant. NOTICE OF INTENT TO SEEK THE DEATH PENALTY COMES Now the United States of America, by and through its attorneys, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, and George A. Norwood and James M. Cutchin, Assistant United States Attorneys and, pursuant to Title 18, United States Code, Section 3593(a, files this Notice of Intent to Seek the Death Penalty, notifying the Court and the Defendant, JAMES NATHANIEL WATTS, that in the event the Defendant is convicted of the offense of Attempted Armed Bank Robbery Resulting in Death as alleged in Count 1 of the Indictment of this case, the Government believes that a sentence of death is justified, and the Government will seek a sentence of death under Count 1. If the Defendant is convicted of Attempted Armed Bank Robbery Resulting in Death as alleged in Count 1 of the Indictment, the Government intends to prove the following aggravating factors as the basis for imposition of the death penalty under Count 1: A. Statutory Factors Enumerated under Title 18, United States Code, Section 3591(a(2(A-(D 1. The Defendant, JAMES NATHANIEL WATTS, was 18 years of age or older at the time of the offense. (18 U.S.C. 3591(a; 2. The Defendant, JAMES NATHANIEL WATTS, did: 1
Case 4:14-cr-40063-JPG Document 92 Filed 04/21/15 Page 2 of 5 Page ID #370 a. Intentionally kill Anita Grace (18 U.S.C. 3591(a(2(A; b. Intentionally inflict serious bodily injury that resulted in the death of the Anita Grace (18 U.S.C. 3591(a(2(B; c. Intentionally participate in an act, contemplating that the life of a person would be taken and intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and Anita Grace died as a direct result of the act. (18 U.S.C. 3591(a(2 (C; and d. Intentionally and specifically engage in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and Anita Grace died as a direct result of the act. (18 U.S.C. 359l(a(2(D. 3. The Defendant, JAMES NATHANIEL WATTS, did: a. Intentionally kill Nita Smith (18 U.S.C. 3591(a(2(A; b. Intentionally inflict serious bodily injury that resulted in the death of the Nita Smith (18 U.S.C. 3591(a(2(B; c. Intentionally participate in an act, contemplating that the life of a person would be taken and intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and Nita Smith died as a direct result of the act. (18 U.S.C. 3591(a(2 (C; and d. Intentionally and specifically engage in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the 2
Case 4:14-cr-40063-JPG Document 92 Filed 04/21/15 Page 3 of 5 Page ID #371 offense, such that participation in the act constituted a reckless disregard for human life and Nita Smith died as a direct result of the act. (18 U.S.C. 3591(a(2(D. B. Statutory Factors Enumerated under Title 18, United States Code, Section 3592(c 1. The Defendant, JAMES NATHANIEL WATTS, did: a. Commit the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victims. (18 U.S.C. 3592(c(6; b. Commit the offense after substantial planning and premeditation to cause the death of a person. (18 U.S.C. 3592(c(9; c. Intentionally kill and attempt to kill more than one person in a single criminal episode. (18 U.S.C. 3592(c(16. C. Non-Statutory Factors Enumerated under Title 18, United States Code, Section 3593(a(2 1. The Defendant, JAMES NATHANIEL WATTS, caused injury, harm, and loss to Anita Grace s family as evidenced by the impact of her death upon her family. 18 U.S.C. 3593(a; and 2. The Defendant, JAMES NATHANIEL WATTS, caused injury, harm, and loss to Nita Smith s family as evidenced by the impact of her death upon her family. 18 U.S.C. 3593(a. 3. The defendant, JAMES NATHANIEL WATTS, is a continuing danger to the lives and safety of other persons, and is likely to commit criminal acts of violence in the future as evidenced by his previous crimes of violence, his willingness to take human life, and his willingness to commit violent crimes shortly after being released from incarceration. 18 3
Case 4:14-cr-40063-JPG Document 92 Filed 04/21/15 Page 4 of 5 Page ID #372 U.S.C. 3593(a. The United States further gives notice that, in support of the imposition of the death penalty, in addition to evidence of the above-listed aggravating factors, it intends to rely upon all the evidence admitted by the Court at the guilt phase of the trial and the offense of conviction as alleged in the Indictment as they relate to the background and character of the Defendant, JAMES NATHANIEL WATTS, his moral culpability, and the nature and circumstances of the offense charged in Count 1 of the Indictment. Should additional information become available which is applicable to these factors or should additional information become available that supports additional factors, the government will seek to amend this Notice as a reasonable time prior to trial. Respectfully submitted, STEPHEN R. WIGGINTON United States Attorney s/ George A. Norwood GEORGE A. NORWOOD 402 West Main Street, Suite 2A Benton, IL 62812 Phone: (618 439-3808 Fax: (618 439-2401 E-mail: George.Norwood@usdoj.gov s/ James M. Cutchin JAMES M. CUTCHIN 402 West Main Street, Suite 2A Benton, IL 62812 Phone: (618 439-3808 Fax: (618 439-2401 E-mail: Jim.Cutchin@usdoj.gov 4
Case 4:14-cr-40063-JPG Document 92 Filed 04/21/15 Page 5 of 5 Page ID #373 CERTIFICATE OF SERVICE I hereby certify that on April 21, 2015, I electronically filed NOTICE OF INTENT TO SEEK THE DEATH PENALTY with the Clerk of Court using the CM/ECF system which will send notification of such filing(s to the following: John O Gara Melissa Day Respectfully submitted, STEPHEN R. WIGGINTON United States Attorney s/ George A. Norwood GEORGE A. NORWOOD 5