Va. House OKs executions for killing fire marshals

BY BOB LEWIS

RICHMOND

Bills that would extend the death penalty to people who kill on-duty fire marshals and auxiliary police won legislative passage Wednesday.

The Senate bills cleared the House on similarly lopsided, veto-proof votes. They now head to Gov. Timothy M. Kaine, who has resisted previous efforts to broaden Virginia's death penalty.

Already before Kaine is legislation that would make people who participate in homicides as eligible for capital punishment as the person carries out the killing.

Kaine has been reluctant to expand Virginia's death penalty laws. He has halted one execution since he took office in 2006 and allowed nine to proceed, including one last week that was the 103rd Virginia has carried out since the U.S. Supreme Court reinstated the death penalty in 1976. Only Texas has executed more.

Kaine opposes the triggerman extension and plans to veto it. He has not stated a position on the fire marshals and auxiliary officers bill, said his press secretary, Gordon Hickey, but it's probably irrelevant. The fire marshal and auxiliary officer bills passed with more than the 27 Senate votes and 67 House votes necessary to override his veto.

On Wednesday, the fire marshal bill passed the House on an 81-17 vote, while the auxiliary officers measure passed 80-18.

Both bills would apply only if the officers are deliberately killed while carrying out official duties. Both bills make the death penalty an option, not a mandate, for those convicted of violating them.

Opponents argued that the expansion for fire marshals and auxiliary police is redundant because the death penalty is already an option for murder.

By Del. Joe Morrisey's count, the expansions would expand the category of crimes that qualify for Virginia's death penalty from 15 to 17.

"I am not saying auxiliary law enforcement officers aren't wonderful people, but they are often people who work at the desk, at the kiosk and wear a civilian uniform that says volunteer on it," said Morrissey, D-Henrico and a former Richmond prosecutor.

The death penalty, he said, should be used only for "the most violent and vile of crimes."

"I'm wondering just how far we go when we're going to put people to death," Morrissey said. "Why not add public servants, utility workers? Where does it end?"

Supporters of the bill said those officers are as worthy of protection as other sworn, uniformed officers, and their killers are as deserving of death.

"These men and women comprise the thin blue line. Many, many times they are on duty alongside their co-workers upholding the law," said Del. Brenda Pogge, R-James City County.

"Whether they volunteer, whether they have X amount of training, if they are in uniform and they are comprising that thin blue line, they deserve that recognition," Pogge said.