IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

COMMONWEALTH OF PENNSYLVANIA

v.

CP-02-CR-0000980-20 18

MATTHEW ISAIAH DARBY

NOTICE OF INTENTION TO SEEK DEATH PENALTY
AND NOTICE OF AGGRAVATING CIRCUMSTANCES
PURSUANT TO RULE 802 AND 42 PA. C.S. §9711

The Commonwealth will seek a penalty of death in the above-captioned case. The aggravating
circumstances which the Commonwealth intends to submit at the sentencing hearing are:
I.

The victim was a prosecution witness to a murder or other felony committed by the
defendant and was killed for the purpose of preventing his testimony against the defendant
in any grand jury or criminal proceeding involving such offenses. 42 Pa.C.S. § 9711(d)(5).

2.

The defendant committed the killing while in the perpetration of a felony. 42 Pa.C.S. §
97ll(d)(6).

3.

The defendant has a significant history of felony convictions involving the use or threat of
violence to the person. 42 Pa.C.S. § 97ll(d)(9).

4.

At the time of the killing, the defendant was subject to a court order restricting in any way
the defendant's behavior toward the victim pursuant to 23 Pa.C.S. Ch. 61 or any other
order of a court of common pleas or of the minor judiciary designed in whole or in part to
protect the victim from the defendant. 42 Pa.C.S. § 97ll(d)(18).

This Notice oflntention to Seek Death Penalty can only be rescinded by a notice signed by the
District Attorney of Allegheny County and filed of record in the above-captioned case.