Sheriff Curtis Hill said this week the investigation against accused child killer Cheryl Busch remains open, and District Attorney Candice Hooper noted how a special allegation against the 39-year-old could result in a maximum sentence, if convicted, of 75 years to life in prison.
Busch is being charged with first-degree homicide in the shooting death Nov. 19 of her 19-month-old daughter Donna Busch at the family property on Shore Road. Sheriff's deputies arrived to find the toddler deceased with gunshot wounds to the head and chest from a .357 Magnum found at the property. Busch pleaded not guilty to the crime on Nov. 21.
"There has got to be more stuff coming," Hooper told the Free Lance, adding that she believes the medical examiner's report hasn't come in yet.
Sheriff Hill confirmed that his office considers the investigation open.
"We are continuing to do the work necessary to assist the D.A. to make the people's case."
Hooper explained that the charge of first-degree homicide is being supplemented by a "special allegation of personal use of a firearm" that could result in another 50 years added to a sentence of 25 to life if Busch is found guilty.
These types of special allegations are possible, said Hooper, for cases in which use of a firearm is not intrinsically wrapped up in a charge.
"You can't charge someone with assault with a deadly weapon and use of a firearm for instance," Hooper explained, "but first degree murder is not 'first degree murder with a handgun' so the special allegation is possible."
Asked about the Busch case not being considered a capital offense, Hooper replied: "Basically, any murder is horrible, and there are a lot of different types of murder I would like to see included in the list, but that is a matter for voters to decide."
Jeff Gatlin Jeff Gatlin is a staff writer at The Hollister Free Lance. You can call him at (831) 637-5566 or send him an email.
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