Jury recommends death penalty for convicted killer

By Lindsey Connell - bio | e-mail

RUSSELL COUNTY, AL (WTVM) -  The same jury that found David Wiggins guilty of capital murder last week made a recommendation to the judge today that he be punished by death for the crime.

After several hours of deliberation, the jury decided in a ten to two vote to recommend death by lethal injection for Wiggins as opposed to a life sentence without the possibility of parole.

Wiggins testified last week that he was drunk and high when he shot Kyle Cavins in 2005 to rob him for more drug money.

We spoke to lawyers on both sides of the case after the verdict.

"We feel like it's an appropriate recommendation in this case. We realize it's sort of a tough thing for a jury to have to do to recommend the death sentence. But given the facts of the case, the nature of the crime, we feel like this was one that called for the death penalty," said Max Smith, Assistant District Attorney for Russell County.

"We're disappointed in the capital murder verdict and we're also disappointed in the recommendation of death. He was very sorry for what happened," said Wiggins' attorney Joel Collins.

Members of the Wiggins and Cavins families were present in court today.

They declined to comment about the proceedings.

The judge will make the final ruling on the sentence Wiggins will receive.

His sentencing hearing has been set for April 30, 2009.