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Topeka man faces capital murder charge

Published on -11/23/2012, 6:54 AM

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TOPEKA, Kan. (AP) -- A 21-year-old Topeka man faces a new capital murder charge in the death of an 18-year-old Topeka woman.

The Topeka Capital-Journal reports (http://bit.ly/Sh4ZrF ) that Shawnee County Prosecutor Chad Taylor on Wednesday filed an amended criminal complaint against Dustin Leftwich, who's accused of using a vehicle to kill Brenna Morgart in May. Leftwich has pleaded not guilty to kidnapping and murdering charges.

The amended complaint includes the count of capital murder and the additional charge of rape. Leftwich had previously been charged with premeditated first-degree murder.

If Leftwich is convicted of capital murder, a jury would decide whether to recommend the death penalty. If the jury recommends the death penalty, the judge would make the final decision on whether to sentence Leftwich to death or to life in prison without parole.

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