Boise Jury Declines Death Penalty



By Brooke Yerke

A Boise jury has spared Jason McDermott from the death penalty.

Jurors announced Saturday that they could not agree whether McDermott should get the death penalty for the shooting death of Zachariah Street.

The 24-year-old man was found guilty of first–degree murder and conspiracy to commit murder.

Only 11 of the 12 jurors believed McDermott's actions met the aggravating factor required for a death penalty.

A judge will decide McDermott's sentencing in June, but because of an Idaho law passed in 2003, juries not judges decide the death penalty.

Prosecutors alleged McDermott and Robroy Wall Junior each shot Street in the head and left him in the desert in May 2003.

Wall's trial is scheduled for the spring.

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