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NewsSeptember 20, 2002

The county prosecutor is seeking the death penalty for two suspects in the July killing of a rural Jackson man. Cape Girardeau County Prosecuting Attorney Morley Swingle notified the circuit court Thursday he is seeking the state's highest punishment for murder suspects Mark A. Gill, 31, and Justin M. Brown, 22...

The county prosecutor is seeking the death penalty for two suspects in the July killing of a rural Jackson man.

Cape Girardeau County Prosecuting Attorney Morley Swingle notified the circuit court Thursday he is seeking the state's highest punishment for murder suspects Mark A. Gill, 31, and Justin M. Brown, 22.

The men are accused of shooting Ralph L. Lape Jr., 54, in the back of the head after allegedly kidnapping, beating and robbing him. Brown later led investigators to find Lape's body buried in a cornfield near Portageville, Mo.

Both men are charged with first-degree murder and kidnapping and remain in custody. Gill, who was Lape's roommate shortly before the murder, faces additional charges of tampering with a motor vehicle, armed criminal action and robbery.

Swingle consulted the victim's family and reviewed police reports before deciding to seek the death penalty, he said.

In Missouri, a jury can give the death penalty only in a first-degree murder case where at least one of 17 aggravating circumstances exist.

In the notice Swingle filed with the court, he cites three such circumstances:

The suspects committed the murder for money

They killed the victim as part of a kidnapping

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The murder was "outrageously or wantonly vile, horrible or inhuman in that involved torture or depravity of mind"

Lape's sister, Diane Miller of Cape Girardeau, said the death penalty is an appropriate sentence for what her brother suffered.

"Our family fully supports Morley Swingle in seeking the death penalty in this case because these crimes were so vile, so heinous and so unjust they deserve the full punishment under the law," Miller said.

The family is offering a $20,000 reward for information leading to an arrest and conviction of anyone else involved in Lape's death. Those with information are asked to contact the sheriff's department.

Police and Miller say Lape became acquainted with Gill through a mutual friend and lawyer, Patrick Davis of Cape Girardeau.

When contacted Thursday, Davis said the men already knew one another before he arranged for Gill to live with Lape.

"I'm just disgusted by the whole thing," Davis said. "I haven't been privy to anything because I'm potentially a witness."

Gill and Brown make their next court appearance Oct. 28 in front of Circuit Judge John Grimm.

mwells@semissourian.com

335-6611, extension 160

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