Harris County DA

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Harris County DA Kim Ogg considering death penalty for two  charged with murdering off duty New Orleans Police Officer

Harris County District Attorney Kim Ogg is considering the death penalty for two men accused of gunning down a New Orleans police officer in a daylight robbery at a Galleria-area restaurant.

“We’re sickened by this bold attack that left one beloved detective dead and his friend still fighting for his life,” District Attorney Kim Ogg said. “Our city’s shaken at how this could happen on a weekend afternoon at a restaurant in the heart of the tourist area. The details are brutal, and they are heartbreaking.”

Frederick Jackson, 19, and Anthony Jenkins, 21, were arrested last week at separate locations and charged with capital murder in the death of NOPD Detective Everett Briscoe.

Briscoe was killed outside Grotto Ristorante on Saturday, Aug. 21. He and a few friends who had just arrived in Houston. They were on the patio of the restaurant on Westheimer when robbers shot Briscoe and another man, Dyrin Riculfy, in the head. Friends say Riculfy remains in critical condition at a Houston hospital as of this writing.

Houston Police Chief Troy Finner has said investigators have surveillance video of other cases in which the same suspects can be seen stalking victims at high-end restaurants and stores in the Galleria area.

DA Ogg said both suspects were free on bond for other crimes at the time of the slaying.

“As I keep saying, I am opposed — along with the mayor and police chief — to the repeated release of violent offenders on multiple bonds,” Ogg said. “There is no doubt that that’s part of what’s driving the crime rate that all of these members of law enforcement are working so hard to prevent.”

Jackson was free on bond after being arrested for aggravated robbery. Ogg said it appears he cut off his ankle monitor and skipped his last court appearance. He was arrested Thursday by the HPD SWAT team.

Jenkins was also free on bond for aggravated assault with a deadly weapon. He was arrested Wednesday at an apartment complex in Southwest Houston. Police said they also seized a vehicle matching the description of the one seen leaving the crime scene.

Ogg said prosecutors asked for the defendants to be denied bond in this case and may pursue the death penalty, saying “death is on the table.”

The decision of whether to seek death generally takes months. Defense attorneys can present mitigating evidence to a committee at the district attorney’s office which makes a recommendation on the two possible end results to a conviction for capital murder: the death penalty or life without the possibility of parole.

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