MERCER Death penalty ruled out in slaying of counselor

Authorities said the pair left the counselor bound and gagged.
MERCER, Pa. -- Prosecutors won't be seeking the death penalty for two teens accused of killing a night security counselor at George Junior Republic.
Anthony Machicote, 17, of North Versailles, Pa., and Jeremy Melvin, 16, of McKeesport, Pa., are charged with criminal homicide, robbery, theft, conspiracy, aggravated assault and escape in the Nov. 10 death of Wayne Urey, 43, of Mercer.
Authorities said Urey was attacked and his truck stolen by the two as part of an escape plan from the juvenile detention and education center.
Machicote and Melvin appeared in Mercer County Common Pleas Court for arraignment Tuesday but entered no pleas, said James Epstein, Mercer County district attorney. They are being held without bond.
Tried as adults
They will be tried as adults, but Epstein said his office won't be seeking the death penalty because of the age of the defendants and the circumstances of Urey's slaying.
Police said the two admitted attacking Urey as part of their escape plan, saying they left him bound and gagged.
An autopsy showed Urey died of asphyxiation consistent with suffocation and strangulation. He also had multiple rib fractures, injuries to the head, trunk and extremities, fractures to bones in his neck and various contusions and abrasions.
Machicote and Melvin drove Urey's truck to Pittsburgh, where they later surrendered to authorities after learning of Urey's death, police said.
Judge Thomas Dobson consolidated their cases into a single trial Tuesday, but Epstein said that's a routine procedure at this point in the case.
Either the prosecution or the defense could petition the court to have separate trials, he said, adding that decision hasn't been made yet.
The earliest possible trial would be in April, but Epstein said it is unlikely it will happen that quickly.