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Case against 3 in gun dealer slaying moved to federal court

INDIANAPOLIS (AP) - Three men previously charged in state court with killing a southern Indiana firearms dealer and stealing dozens of guns now face federal charges and are eligible for the death penalty.

Jennings County Prosecutor Brian Belding said he supported the decision to move the cases against 25-year-old Darryl Worthen, his 23-year-old brother Dejuan Worthen and their 20-year-old brother Darion Harris to federal court.

"My goal is that the individuals responsible for this heinous act serve the maximum sentence under the law," he said.

Many counties in Indiana have been reluctant to seek the death penalty because the costs for such cases are significantly higher. The Legislative Services Agency has said the average cost of representing a defendant facing a death penalty is significantly more expensive than that of someone facing life in prison.

Court records did not show whether the three men have hired attorneys in federal court. Attorney Peter Nugent, who represented DeJuan Worthen in state court, said he would not represent him in the federal case and said he could not comment. The Associated Press left messages Friday seeking comment from lawyers representing the other two men in state court.

The three were being held without bond Friday in the Jennings County Jail.

The three are charged with discharging a firearm in relation to a crime of violence resulting in death, robbery, conspiracy to commit robbery and theft of firearms. They are charged in the death of 61-year-old Scott Maxie, a federally licensed gun dealer who was shot in the head Sept. 21 at his North Vernon shop near the Muscatatuck National Wildlife Refuge, about 50 miles south of Indianapolis.

Authorities have said Darryl Worthen was a Federal Express driver who made deliveries to Maxie's store. According to the indictment, the three men traveled to North Vernon on Sept. 20 to see what inventory was inside the shop and made plans to rob Maxie.

When they returned the next day, one of the men disconnected a security camera inside the gun shop and Darryl Worthen used a .22-caliber handgun to shoot Maxie, the indictment says. Authorities said the men sold many of the 47 stolen firearms and kept several.

"This type of violence is something no family or community should have to face," U.S. Attorney Josh Minkler said. "When a violent crime like this occurs, the federal hammer will be used by the United States Attorney's Office."

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