LEXINGTON—The defendant in the Berea bank killings in April waived his right to a preliminary hearing this morning in the US District Court. A grand jury will now decide whether and on what counts to indict Brailen Weaver, 18, most recently of Covington.
The federal charges Weaver faces include armed bank robbery, which carries a penalty of up to 20 years in prison, use of a firearm in a crime of violence, which could give him 5 years or more years, and causing death with a firearm during the crime of violence, which could be punishable with life in prison or the death penalty.
A preliminary hearing is offered to those charged with federal crimes, to be heard by a magistrate judge who decides whether the prosecutor has a legitimate case. A defendant has the right to waive the preliminary hearing, however, so that the case can be heard by a grand jury instead. In both scenarios, the prosecution produces evidence and calls witnesses.
Whereas the magistrate judge decides the merits of a case in the preliminary hearing, which is open to the public, in a grand jury, anywhere between 16 to 23 jurors are called to meet in secret to hear evidence against the accused and decide whether to indict and on what grounds.
Weaver is accused of entering the Berea branch of US Bank at about 2pm on April 30, and killed two bank employees before fleeing on foot. After a manhunt and high speed car chase through much of Central Kentucky, Weaver smashed the BMW he was driving into a tree. He was apprehended in the early hours of May 1, by a team from multiple law enforcement agencies, as he walked along Interstate 64 in Northeast Fayette County.
A lawyer familiar with the case, but who did not wish to speak on the record, told The Edge that an indictment is expected before the end of this month.
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