District Judge Eric Godderz will consider the jury’s recommendation when sentencing Flack. Sentencing is set for May 18 at 9 a.m.
The jury last week found Flack, 30, Ottawa, guilty of capital murder in the 2013 Bailey killings.
He was also convicted of first-degree murder premeditated in the death of Steven White, second-degree murder intentional in the death of Andrew Stout, and one count of criminal possession of a firearm. The crimes occurred in April and May 2013.
It’s unclear what led to the shootings. Investigators say Flack at one point told detectives that two drug dealers may have been involved, but detectives determined those people didn’t exist. Therapist Robin Burgess recounted her interviews with Kyle Flack while testifying Tuesday during the penalty phase. Ms Burgess testified that Flack once wrote that he wanted to die in a suitcase, but that he couldn’t remember penning that when she questioned him in jail. The toddler’s body was found in a suitcase in a creek.
Deputy Attorney General Victor Braden and Franklin County Attorney Stephen Hunting are prosecuting the case. The case was investigated by the Franklin County Sheriff’s Office and the Capital Area Major Case Squad.