The McKean County District Attorney’s Office will seek the death penalty against a man accused of raping and killing his 2-year-old son. 

McKean County District Attorney Stephanie Vettenburg-Shaffer filed a legal notice that the office will seek the death penalty against Tyler Prescott, of Bradford, according to a news release on Monday.

Prescott faces multiple charges in connection with the August death of his 2-year-old boy, including criminal homicide and rape of a child, among others. The child was found dead at a home in Bradford on Sherman Street on Aug. 14, and an investigation was launched. Prescott was initially charged with aggravated assault, but his charges were upgraded after an autopsy and further investigation, according to authorities.

The district attorney’s office said the abuse happened between July 17 and Aug. 14. Prescott remains in the McKean County Jail. His bail was denied. 

Death penalty in Pennsylvania

Since the 1970s, only three people have been executed in Pennsylvania, with the last person being Gary Heidnik in 1999. Gov. Josh Shapiro has promised not to issue any execution warrants during his term. 

According to the state Department of Corrections, there are 94 people on death row in Pennsylvania.

The law in Pennsylvania has 18 aggravating factors that prosecutors can reference when pursuing the death penalty. In Prescott’s case, Vettenburg-Shaffer cited these four on Tuesday: the victim was a child under 12 years of age; the killing occurred while the defendant was in the perpetration of a felony; the death was committed by means of torture; and the killing occurred while the defendant was committing a felony under the Controlled Substances, Drugs, Device, and Cosmetic Act.

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