CASPER, Wyo. — A Wyoming prosecutor plans to seek the death penalty for the rape and killing of a Montana woman more than 30 years ago.
KTWO-AM reported Tuesday that Natrona County District Attorney Dan Itzen will seek capital punishment for 74-year-old Dale Wayne Eaton.
Eaton was convicted in 2004 for the 1988 killing of 18-year-old Lisa Marie Kimmell of Billings.
Kimmell disappeared while driving across Wyoming and her body was found in the North Platte River.
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Eaton was connected to the case through DNA evidence and spent a decade on death row before a federal judge overturned his death sentence in 2014.
A federal appeals court ruled in July that Eaton can still be subject to the death penalty.
Eaton's attorney did not immediately respond to a request for comment Wednesday.