Feds to seek death penalty for Pleau

PROVIDENCE, R.I. (WPRI) - Federal prosecutors will seek the death penalty against a Rhode Island man accused of killing a gas station manager during a botched bank robbery.

The U.S. Attorney's office made the announcement Monday, just over a week after a federal court ordered the feds to indicate how they were going to proceed with their case against Jason W. Pleau.

• In-Depth: Woonsocket Bank Shooting

Pleau, 34, is accused of shooting and killing David Main outside the Citizens Bank on Diamond Hill Road in Woonsocket in September of 2010. Main was arriving at the bank to make a deposit when police said Pleau shot him.

During a taping of WPRI 12’s Newsmakers last week, Rhode Island U.S. Attorney Peter Neronha said he made a recommendation to U.S. Attorney General Eric Holder, but policy prohibited him from saying what it was.

“My recommendation came only after a lot of thought.” Neronha said. “The focus here is we have to be nationally consistent. We can’t make decisions based on what state we’re in.”

• Video: Watch Neronha's response

Pleau's case has been at the center of a custody battle between Gov . Lincoln Chafee and federal prosecutors.

While bank robbery cases are typically tried in federal court, Gov. Chafee wants the case heard in state court in order to shield Pleau from potentially facing the death penalty. Rhode Island does not have capital punishment.

However, an appeals court ruled last month that Pleau may stand trial in federal court. He pleaded not guilty during his arraignment last month and is currently in federal custody.

Despite pleas from the Main family , Gov. Chafee plans to appeal his case to the U.S. Supreme Court.

"It goes back to the federal government asking for permission from me to release the prisoner, and that gave us standing," Chafee said Monday.  "If they can just take him they should have just taken him.  The fact that they asked the governor for permission shows that we have legal standing, and that's been the basis of our case ever since.  This is a state's case, as much as a capital punishment case."

Chafee says Washington, D.C. based law firm Akin Gump will now take on the federal government, pro-bono on Rhode Island's behalf.

He also points to Rhode Island's last execution.  John Gordon was hanged in 1845.

Chafee recently pardoned Gordon after many historians said the evidence against him was circumstantial.

"There was a lot of attention to the possible execution of an innocent man, based on hysteria and high emotions," Chafee said.  "So right on the heels of that came this request to release this prisoner to expose him to the capital punishment.  So all coming together and Rhode Island's long-standing opposition to the death penalty, I refused to release him."