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Prosecutors undecided on pursuing death penalty in Farmers Branch police officer's 1983 slaying

12:33 PM CDT on Wednesday, September 1, 2010

By SCOTT GOLDSTEIN / The Dallas Morning News
sgoldstein@dallasnews.com

The Dallas County District Attorney's office has not decided whether to pursue the death penalty in the capital murder case against a man accused of killing a Farmers Branch police officer 27 years ago.

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Gary Wayne Pettigrew

Assistant District Attorney Mindy Sauter told State District Judge Mike Snipes during a hearing this morning that she did not know when a decision would be made about the punishment for Gary Wayne Pettigrew if he is convicted. The only two sentencing options for a capital murder conviction are death or life in prison.

Wednesday's court appearance was the first for Pettigrew, 63, who was indicted and arrested last week in the August 1983 fatal shooting of Officer Lowell Clayton "L.C." Tribble. The 38-year-old officer was on his way back to work about 1 a.m. after dropping off flu medicine at his home for his sick 2-year-old son when he was gunned down inside his patrol car. His slaying had been the longest unsolved cop killing in Texas.

Also during this morning's hearing at the Frank Crowley Courts Building, Snipes appointed Dallas defense attorneys Paul Johnson and Lalon "Clipper" Peale to represent Pettigrew, who maintained his innocence in an interview at the Dallas County Jail on Monday.

Pettigrew, looking disheveled and dressed in gray-and-white Dallas County Jail garb, said little during the hearing. Snipes explained to him the importance of having legal representation.

"It probably was not the smartest thing for you to do to go on television and talk to reporters," Snipes said. "I'm 99.9 percent sure you wouldn't have done that if Mr. Johnson was already assigned to the case."

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