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'I sought the death penalty for a reason': Former Bexar County DA believes capital punishment is attainable for accused cop killer

In four more months, Detective Benjamin Marconi will have been dead for five years. His accused killer goes to trial on Monday.

SAN ANTONIO — New wounds will likely join old unhealed ones as the case of an accused police killer goes to trial Monday.

Otis Tyrone McKane, 35, is facing capital punishment in the shooting death of Detective Benjamin Marconi.

"I made the decision then to seek the death penalty," Nico LaHood said.

LaHood was the Bexar County district attorney when Marconi was murdered. He remembers getting a call from one of his staff on Nov. 20, 2016. 

San Antonio Police officials said Marconi was conducting a traffic stop near the San Antonio Public Safety Headquarters when McKane ambushed the 20-year SAPD veteran with gunfire.

"I think the societal standard is that if somebody can allegedly do that to a police officer, then truly no one is safe," LaHood.

Investigators said McKane, who had been to police headquarters earlier, let his frustration turn into a murderous rage. Marconi, they said, is the person he took it out on. Police said the two had no connection or contact before the deadly incident. McKane was not involved in the traffic stop.

"There was a sense of urgency to find the suspect," LaHood said. "Because we had a police officer that had been murdered."

An unofficial task force of federal and local law enforcement joined SAPD to track down a man they considered armed and very dangerous.

"It was a community safety concern," LaHood said.

Marconi, a father and Floresville native, was shot twice in the head. Despite efforts to save him, he died.

The unprovoked attack shook the San Antonio community and put officers on high alert.

The next day, investigators closed in on McKane before nightfall. Apprehended by police, he was charged with capital murder after being married just hours before. 

As police took him to jail from their building to a patrol car, McKane acknowledged his actions to the media.

"The situation I was in, I lashed out at someone who didn't deserve it," McKane said.

LaHood said that, before deciding to pursue the death penalty, he sought the counsel of others. Ultimately, he knew the decision was his.

"And I went through the same process that I went through with all capital murder cases that were presented to our office," he said. "And I made the decision then to seek the death penalty."

LaHood brought a unique perspective as a prosecutor, criminal defense attorney and someone with a connection to a prior capital murder case. His brother, Michael LaHood Jr, was gunned down in the driveway of his parents' home in 1996.

"I know what it's like to stare at an empty chair, my brother knows what it's like. My parents know what it's like to stare at an empty chair, at Thanksgiving or Christmas or whatever," he said. "And so we move on with our lives. And I get it, society has to, but for that family, they don't."

Current DA Joe Gonzales, who is not commenting on the case due to the impending trial, will see the capital case through.

LaHood said justice is what's a stake when the proceedings begin. He would not talk specifics about the case because of the upcoming trial.

The former prosecutor is also reserving a prediction for the outcome.

"I sought the death penalty for a reason," he said. "I believe it was an appropriate decision. If handled properly, it should be one that should be attainable."

McKane's attorney, Raymond Fuchs, did not respond to a call for this story.

In a show of support, San Antonio Police said officers would escort the Marconi family from Public Safety Headquarters to the courthouse Monday morning before the trial begins.

McKane faces life in prison or death by lethal injection if convicted.

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