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Prosecutors file notice to seek death penalty against Chad Daybell

The notice also says the murders of JJ Vallow, Tylee Ryan and Tammy Daybell were "especially heinous, atrocious or cruel, manifesting exceptional depravity."

BOISE, Idaho — According to new court filings, prosecutors in Fremont County have filed a notice that they intend to seek the death penalty against Chad Daybell, the fifth husband of Lori Vallow. 

Vallow is the mother of two children, JJ Vallow and Tylee Ryan, who were found dead on Daybell's property, buried in black trash bags, last summer.

"The State will seek the death penalty against Chad Guy Daybell in the event of the Defendant's conviction for any of the three counts of First Degree Murder and/or any of the counts of Conspiracy to Commit First Degree Murder as charged in the Indictment," court documents said.

Documents filed by county prosecutors also said Daybell "has exhibited a propensity to commit murder which will probably constitute a continuing threat to society."

The notice also says the murders of JJ Vallow, Tylee Ryan and Tammy Daybell were "especially heinous, atrocious or cruel, manifesting exceptional depravity."

Daybell is due back in court on Sept. 30 at 9:30 a.m. for the pretrial and his jury trial is scheduled for Nov. 8 at 9 a.m.

Last month, prosecutors dropped several charges against Vallow and Daybell, including two conspiracy counts and two counts of concealment, alteration or destruction of evidence against Daybell.  

Daybell still faces two felony murder charges, two felony counts of insurance fraud and two charges of felony criminal conspiracy.

In May, Vallow was found mentally incompetent to stand trial.

According to testimony, Vallow thought that both her children had been inhabited by evil spirits and were "zombies."

"The completed assessment determined that at this time the Defendant is not competent to proceed, and recommends restorative treatment," Judge Steven Boyce wrote at the time.

The paternal grandparents of JJ said they would support the death penalty in the case.

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