KNOXVILLE, Tenn. ( WATE ) — With Kenneth DeHart, the suspect accused of fatally shooting Blount County Deputy Greg McCowan , in custody, the next phase of the legal process has been set in motion.
For DeHart, the case could go to trial, and if he is convicted, Sheriff James Berrong has shared that he wants to see the death penalty considered.
“That’s where things get really serious real quick. You actually have a trial and the consequences are life or death,” Attorney Greg Isaacs said.
Isaacs has been a defense attorney in Knoxville for more than 30 years and serves as a legal analyst for WATE . He explained that state law in capital cases such as these has always been clear.
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“Under Tennessee law, to impose the death penalty, the state has to prove at least one aggravating factor beyond a reasonable doubt,” Isaacs said. “That aggravating factor can not be outweighed by mitigating factors that the defense has to prove.”