The suspect in the death of Fox executive Gavin Smith was indicted by a grand jury on Wednesday, the Los Angeles County District Attorney’s office said.
The DA’s office said that John Creech was indicted on one count of capital murder, with the special circumstance of lying in wait for the victim. The lying-in-wait circumstance means that Creech, who is currently serving an eight-year sentence for sale or transportation of drugs, is eligible for the death penalty if convicted.
The 57-year-old Smith was last seen May 1, 2012 leaving a friend’s Ventura County home. His black Mercedes was found nearly a year later in a Simi Valley storage facility which had connections to Creech, while Smith’s body was discovered in October 2013, in a remote area in northern Los Angeles County.
Creech, 43, has pleaded not guilty to the charge. The suspect, who is being held without bail, is due back in court Apr. 27 for pretrial.
It remains to be seen whether prosecutors will seek the death penalty or life in prison without the possibility of parole.
The Los Angeles County Sheriff’s Department is still investigating the case.