Samuel Cocking
Carson City District Attorney Jason Woodbury will not seek the death penalty for a homicide that occurred in Carson City on Dec. 28.
In a press release issued Thursday, Woodbury said he would not seek the death penalty against Samuel Cocking for his alleged role in the homicide of Phillip Eubanks.
“Prosecutors have charged Cocking, 19, with shooting and killing Eubanks, 41, during a confrontation on a Highway 50 sidewalk in Carson City. Cocking was apprehended at the scene,” the release said.
Woodbury pointed to the absence of “aggravating factors” in the incident.
“Nevada law lists 15 circumstances that aggravate first degree murder,” said Woodbury. “A defendant cannot be sentenced to death unless one or more of those factors is proved beyond a reasonable doubt, and the aggravating circumstances outweigh any mitigating circumstances.”
Woodbury said his office reviewed the evidence before concluding none of the aggravating factors exist in this case. Woodbury also said the team prosecuting the case met with the family of Eubanks to discuss the issue before making a final decision.
Cocking is scheduled to appear in Carson City Justice Court on Friday, Jan. 6 to have an attorney appointed and his preliminary hearing scheduled.
On Dec. 28, Cocking was arrested on suspicion of open murder, possession of an altered/removed firearm serial number, and carrying a concealed weapon without a permit, according to the Carson City Sheriff’s Office.
The shooting occurred on the evening of Dec. 28, and the victim died later that night after being taken by Care Flight to Renown Medical Center in Reno. Patrol units responded to East William Street and North Stewart Street and took Cocking into custody at the scene. In his possession were a semi-automatic pistol and an identification card issued out of Texas.
In a press release, CCSO said Eubanks and his 17-year-old son and a friend were walking on the sidewalk on William Street when they had contact with Cocking. Initial investigation revealed an argument ensued before the shooting.