Brad Cooper not subject to death penalty

RALEIGH -- For the moment, Brad Cooper will be spared the chance that a Wake County jury could vote for his execution in the death of his wife.

Cooper, 35, is charged with first-degree murder in the strangulation of Nancy Cooper, his wife of eight years and the mother of his two daughters.

Wake County prosecutor Howard Cummings said today that investigators hadn't found any aggravating factors to justify the death penalty under North Carolina law. The law requires prosecutors to prove at least one aggravating factor, such as a particularly heinous, atrocious or cruel killing, before a jury can consider the death penalty for a person convicted of murder.

Cummings told Superior Court Judge Donald Stephens that officers are still investigating, and if they uncover circumstances that could warrant the death penalty, prosecutors might revisit their decision. Otherwise, Cooper faces a maximum sentence of life in prison without parole.

Nancy Cooper's parents, Garry and Donna Rentz, flew down from Canada for today's hearing. Her parents and her twin sister are caring for the Coopers' two young daughters after a Wake County Judge awarded them custody this fall.

Garry Rentz said after the hearing that he trusts prosecutors have -- and will continue to make -- the right decision. He said his family doesn't have strong feelings about the death penalty.

"We've been through a horrendous five months," Rentz said. "We are pleased there is some light at the end of the tunnel."

Donna Rentz said their entire family will celebrate Christmas together and will have a private memorial for Nancy Cooper. Garry Rentz said the Cooper girls, Bella, 4, and Katie, 2, are doing well.

Also today, Brad Cooper's attorney argued that Cooper ought to be granted a bond that would allow him to leave the Wake County jail.

Howard Kurtz told the judge that if Cooper wasn't released, he would lose his job today as an engineer at Cisco Systems in Research Triangle Park. Cooper has been on leave since his wife's death in July.

Kurtz argued that Cooper could be trusted to come to court and remain in Wake County should be be released before a trial. No trial date has been set in the case.

"He's faced all of the issues head on and will continue to do so," Kurtz said, arguing that Cooper is not a danger to the community.

"This is a man who is focused on proving his innocence, and I ask he be afforded the maximum opportunity to do so," Kurtz said.

Stephens set Cooper's bond at $2 million, far higher than the $150,000 Kurtz requested.

"Mr. Cooper's employment may be of great importance to him, but frankly, it is of little consequence in the scheme of things, given the charges he is facing," Stephens said.