Death penalty not sought in murder case

A Mountain Home man accused of killing his 22-month-old stepson will not face the death penalty when he goes to trial early next year.

Richard R. Laubach could still face life in prison without the possibility of parole if he is convicted of the charges.

He is accused of assaulting Joseph "Joey" Graham III at the family's residence the afternoon of March 12. The child died the following morning at St. Luke's Regional Medical Center in Boise.

Laubach, an airman stationed at Mountain Home Air Force Base, was charged with a single count of first-degree murder.

Following his arraignment Sept. 3, county prosecutor Tina Schindele had up to 60 days to determine whether she would seek the death penalty in the case. That deadline passed last week.

Schindele said she was not at liberty to explain her decision to not pursue the death penalty since the case is still pending.

Laubach's trial is currently scheduled to begin March 31 and could last up to five weeks. If convicted, he faces a minimum of 10 years in prison without the possibility of parole.

He remains in custody at the Elmore County jail after he was denied bail in April.