Judge Boyce denies Daybell’s request to remove death penalty

Fremont County, Idaho (KMVT/KSVT) — Fremont County District Judge Steven W. Boyce denied Chad Daybell’s motion to remove the death penalty as a possible sentence in his upcoming murder trial.

Daybell’s attorneys filed two motions in November requesting that Boyce strike the death penalty, and Wednesday, the judge denied both motions.

During the hearing, Boyce dismissed both objections from Daybell’s lawyers over the death penalty. Daybell’s defense claimed that Vallow was more culpable in the murders of her children, 16-year-old Tylee Ryan and 7-year-old J.J. Vallow.

Boyce rejected the culpability argument, saying the court can’t speculate on what evidence Daybell will present to show he’s less culpable, adding it would “make a premature determination about what the facts of Daybell’s case— not Vallow’s case— are.”

Boyce stated that, “Daybell is charged with first-degree murder for the death of Tammy Daybell, a crime punishable by death that Vallow was not charged with.”

In addition to charges of conspiracy to commit murder and first-degree murder in the deaths of JJ Vallow and Tylee Ryan, and the death of his former wife Tammy Daybell, he faces two counts of insurance fraud and one count of grand theft.

Daybell and his wife Lori Vallow-Daybell were charged as co-defendants in the deaths of Vallow-Daybell’s children and Chad’s first wife Tammy Daybell. However, their trials were separated after Chad waived his right to a speedy trial.

In Vallow-Daybell’s trial, the death penalty was taken off the table due to a late discovery submission by the prosecution, which Boyce allowed.

Vallow-Daybell was found guilty in May and was ordered to spend life in prison.

She is now facing charges of conspiracy to commit murder in Arizona for the deaths of her former husband and an attempted shooting of her niece’s ex-husband.

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