U.S. Attorney General’s office will decide if KY bank robber could face death penalty
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- U.S. Attorney General’s office will decide whether prosecutors seek the death penalty.
- Brailen Weaver pleaded not guilty to the indicted federal charges.
- Prosecutors received more than 500 body-worn camera videos and the trial could last weeks.
The U.S. Attorney General’s office will have the final say on whether prosecutors will seek the death penalty against an 18-year-old suspect accused of shooting two employees during a bank robbery in Berea last month, according to new court documents in the case.
Brailen Weaver was indicted May 21 on one count of attempted armed bank robbery, resulting in the death of two victims, and two counts of causing death with a firearm in the course of a crime of violence. Prosecutors said the grand jury also returned special findings that could lead to Weaver receiving the death penalty if convicted.
Defendants facing the death penalty have the opportunity to present personal information to the U.S. Attorney’s Office and Department of Justice before a decision on potential penalties is made. Court documents say the decision on whether to seek the death penalty is ultimately up to the U.S. Attorney General’s office, and if the attorney general’s office supports seeking the death penalty, prosecutors will file a notice of intent to seek the death penalty.
Weaver appeared in federal court Wednesday, May 27, for an arraignment. Court records say he pleaded not guilty to the indicted charges, and a trial was scheduled for July 28.
Court documents say the process of determining whether the death penalty is appropriate will likely cause delays in the case. There is also a large amount of evidence in the case that will need to be reviewed by prosecutors and Weaver’s lawyers before the case could go to trial.
Prosecutors have received more than 500 body-worn camera videos from the Lexington Police Department connected to the case, according to court documents. Prosecutors believe some of the videos are duplicates, but there is additional evidence from other law enforcement agencies that were involved in the investigation that will need to be reviewed before a trial.
If the case does make it to trial, court documents say at least 30 witnesses could testify and the trial could last multiple weeks.
There is no scheduled hearing in Weaver’s federal case. He is being held at the Woodford County Detention Center under the custody of the U.S. Marshals Service.
Weaver is also expected to face charges related to the bank at the state level too, as Attorney General Russell Coleman previously said he plans to pursue murder charges against Weaver.
The bank robbery happened April 30 at the U.S. Bank on Chestnut Street in Berea. A federal affidavit says Weaver entered the bank, shot and killed Brian Switzer, shot and killed Breanna Edwards shortly afterward before checking multiple drawers and fleeing the bank.
Officials identified Weaver as the suspect through the vehicle he fled in and social media posts, according to the affidavit.
The FBI found Weaver’s vehicle on Interstate 75 Thursday night and tried to chase it, but the affidavit says he drove faster than 100 mph and avoided a set of spike strips before exiting the interstate at exit 115 in Lexington. Kentucky State Police previously said the pursuit ended on Bryan Station Road and Weaver fled on foot.
Weaver was arrested a few hours after the vehicle pursuit. The affidavit says officials found a gun inside his car.
Community members have supported victims of the shooting by donating to online fundraisers for Switzer and Edwards and providing food to a surviving employee. U.S. Bank has also supported impacted employees by making counseling services available and visiting Berea to offer support.
The bank’s building remains closed, but bank operations have been restarted. U.S. Bank Senior Vice President Evan Lapiska said officials have set up a mobile banking unit that allows employees to assist customers on the road in various circumstances on the same schedule as the bank previously had.
“We continue to work on plans for the branch building and will have more to share in the future,” Lapiska told the Herald-Leader.
