The man prosecutors say shot and killed a toddler could face the death penalty.
United States Assistant District Attorney John Katko confirms to CNY Central that federal prosecutors are considering the death penalty for Saquan Evans. Katko says prosecutors should have a definitive answer within the next 90 days.
Evans and several other alleged members of the Bricktown Gang were charged with racketeering under federal RICO laws. As part of the indictment, Evans is charged with "committing murder in furthering that racketeering." Prosecutors say he shot and killed 20-month-old Rashaad Walker Junior last fall. Investigators say Evans was looking for retaliation against a rival gang when he opened fire on a minivan. Walker was sitting in the backseat. Investigators say Walker's father was the intended target.
Two other men, Ernest Hester and Jarrell Williams, are also named in the indictment. Prosecutors say Williams shot and killed Anthony Ford in 2007. They say Hester was the driver.