Prosecutor Seeks Death Penalty For 1 Suspect In 7 Killings

INDIANAPOLIS -- Marion County's prosecutor said Tuesday that he will seek the death penalty against one suspect and keep it as an option for another in last week's slayings of seven people.

Desmond Turner and James Stewart were each charged Tuesday with seven counts of murder, felony murder and criminal confinement in connection with the fatal shootings of three children and four adults in an east-side Indianapolis home.

Prosecutor Carl Brizzi said at a news conference that asking for the death penalty is something he doesn't take lightly.

"I save it for the most egregious offenses and the most evil of offenders, and I believe that Turner fits that description," Brizzi said.

Police said they believe Turner, 28, and Stewart, 30, killed the seven relatives during a robbery at 560 N. Hamilton Ave. on Thursday night. Authorities said the two were acting on a false rumor that they would find large amounts of cash and cocaine there.

Both were arrested within 48 hours of the killings.

Brizzi said he isn't now seeking the death penalty for Stewart "because the detectives are still gathering evidence."

"Whenever you file a death-penalty case, you want to make sure you have the strongest case possible. I believe that we currently have that case against Turner," Brizzi said. "I believe that the evidence will bear out that we will be able to file the death penalty against Stewart.

"But for right now, to allow the detectives to do the work that they need to do, we're going to hold off."

The shooting victims included (from left): David Covarrubias; the elder Alberto Covarrubias; Luis Albarran; Emma Valdez; and the younger Alberto Covarrubias. SEVEN RELATIVES SLAIN 6/21: Police Release 911 Calls 6/8: Suspect Withdraws Speedy-Trial Request 6/7: Funeral Held For 6 Of 7 Victims 6/7: Trial Date Set 6/6: Death Penalty Sought Against 1 Suspect 6/5: Affidavit: Suspect Announced Plans To Kill 6/4: Prosecutor To Seek Death Penalty 6/3: Suspect In 7 Slayings Surrenders 6/3: Suspect Not Found In Morning SWAT Search 6/2: Police Miss One Suspect, Arrest Another 6/2: Massacred Family Members Described As Good Neighbors 6/2: Suspect Named In Slayings Of 3 Boys, 4 Adults Video & Slideshows Slideshow: Pictures Of Victims, Crime Scene 6/7: Funeral Held For 6 Of 7 Victims 6/6: Prosecutor Announces Charges 6/6: Site Of Killings 'House Of Horrors,' Prosecutor Says 6/5: Affidavit: Suspect Claimed Victim Pulled Gun 6/4: 7 Slain Relatives Mourned Outside Home 6/3: Suspect In 7 Slayings Surrenders 6/3: Police Press Conference: Suspect Surrenders 6/2: Police Miss One Suspect, Arrest Another 6/2: Community Reacts To Killings 6/2: Killings Evoke Memories Of '81 Murders 6/2: Seven Relatives Slain In Indianapolis House

Brizzi was asked if he would use the threat of the death penalty to persuade Stewart to testify against Turner.

"I'm not allowed to comment about the hypothetical negotiations that may or may not take place, but suffice to say that I believe Stewart is as culpable as Turner," Brizzi responded. "The death penalty is an option (and) continues to be an option for (Stewart), and we obviously will explore every possibility."

Turner and Stewart also each face a count of burglary. In addition, Turner is charged with carrying a handgun without a license, and Stewart is charged with unlawful possession of a firearm.

Among those killed Thursday night were Alberto Covarrubias, 56; Emma Valdez, 46; and their sons Alberto Covarrubias, 11, and David Covarrubias, 8.

Also killed were Valdez's two adult children, Flora Albarran, 21, and Magno Albarran; and Flora Albarran's son, Luis Albarran, 5.

Prosecutor: Site Of 7 Killings 'House Of Horrors'

Earlier Tuesday, at their initial court hearings, Turner and Stewart were declared indigent and appointed public defenders.

Neither Turner nor Stewart responded to reporters' questions as they were escorted to court. Security was tight for the proceedings, with sheriff's deputies using handheld metal detectors on people who wanted to attend.

Brizzi, speaking outside the courtroom Tuesday morning, gave a chilling account of the scene where the seven relatives were killed.

"The way it was described to me, literally you could not set down a radio or a wallet because there were splatterings -- human remains -- everywhere," Brizzi said. "It literally was a house of horrors."

6News' Derrik Thomas asked Stewart's public defender, Mark Inman, about Brizzi's comment.

"I'm sure it's not a pretty scene, Mr. Thomas," Inman said. "(Brizzi) has to respond to that, and that's his job as prosecutor. It is my job to go through it with, perhaps, a different eye to see what happened."

Affidavit: Suspect Had Announced Plans To Kill

According to a probable cause affidavit released Monday, Turner had told people before the slayings that he planned to rob the victims' house and kill everyone there.

Police said in the affidavit that Turner had talked wanting to obtain a safe that supposedly contained a large amount of money and cocaine in the house. Police said no such thing existed.

When Stewart and Turner entered the home Thursday night, only five occupants were there, but eventually two of the occupants' relatives -- Flora Albarran and her brother, Magno Albarran -- arrived nearly simultaneously, police said.

According to the affidavit, Stewart, recounting the robbery later to an unidentified person, said he saw a man who had just entered the home -- apparently Magno Albarran, 29 -- point a gun at Turner, so Stewart shot the man, police said in the court document.

After that, Stewart allegedly said, Turner "started shooting everybody," according to the affidavit.

Stewart said that he did not shoot the children, and that he repeatedly asked Turner not to do so, according to the court document.

Funeral Services for Six Victims Scheduled For Wednesday

A funeral Mass for the elder Alberto Covarrubias was held Tuesday at St. Mary Catholic Church in Indianapolis. Burial was set to follow at Washington Park Cemetery East.

A funeral Mass for the rest of the slain relatives is scheduled for Wednesday at 11 a.m. in Ss. Peter and Paul Cathedral, 1347 N. Meridian St. Flanner and Buchanan Funeral Centers are handling arrangements. Their bodies will be taken to Mexico for burial.