BLOUNT COUNTY, Tenn. — Kenneth Wayne DeHart Jr. could be facing the death penalty.
DeHart is scheduled to be in court for the first time Thursday, to be arraigned on charges of first-degree murder, attempted first-degree murder and being a felon in possession of a weapon.
The charges stem from what police said happened during a traffic stop on Sevierville Road in Blount County. DeHart Jr. is accused of shooting and killing Deputy Greg McCowan and shooting Deputy Shelby Eggers.
It's up to Blount County District Attorney General Ryan Desmond to determine if he'll file a death penalty notice in this case, Attorney Don Bosch said.
Bosch is not representing DeHart Jr., however, he's spent decades as a defense attorney in East Tennessee.
He said first-degree murder cases are expensive and a decision on who will be representing DeHart Jr., either a public defender or private attorney, could be made at the hearing.
"I will tell you from personal experience that capital murder and first-degree murder cases are incredibly expensive and should Ryan Desmond, the District Attorney General in Blount County, file a death penalty notice, that case gets exponentially more expensive on the private market, and (for) the state of Tennessee," Bosch said.
Possible sentences for a first-degree murder conviction in Tennessee are the death penalty, life in prison without parole and life in prison with the possibility of parole.
"(Life with the possibility of parole) is a 60-year sentence in Tennessee... the sentence will be at least 51(years), and could be as much as 60 years to serve," Bosch said.
There's also the possibility that DeHart Jr. could be offered a plea deal by Desmond but it's not required by the state according to Bosch.
In a press conference Tuesday, Desmond said he will be consulting with McCowan's family and make his decision on whether he's filing a death penalty notice in this case within the coming weeks.