In what may be a bit of fancy prosecutorial maneuvering, state charges against two alleged murderers have been dropped and federal charges imposed. The pair, Frank Caraballo, 29, of Holyoke, Mass., and Joshua Makhanda-Lopez, were arrested and accused of drug charges as well as kidnapping and second degree murder. In Vermont, only the triggerman was up for the murder, and we don’t have the death penalty. Moving the case to federal court means that if the murder is the result of a drug trafficking charge, then the death penalty can be imposed.
But the feds have only arraigned the pair on the drug charges so far. Although they are in custody without bail, if the murder charges aren’t brought, they will still be on the hook in Vermont – State Prosecutors could refile for that part of the crime. However, for now, the pair is being held on conspiracy to distribute crack cocaine.
At the federal level, the drug charges alone could net them up to forty years in prison and a $5 million dollar fine. But what has citizens ticked off is the fact that state murder charges have been dropped so that the feds could proceed.
According to news reports, Police allege that the pair forced their victim into a car, taking her to a wooded area along East West Road in Dummerston, Vt., where she was killed. Her body was found the next day and reported to police by a passing motorist, court documents show.
The investigation is still ongoing and a trial date hasn’t yet been set.