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WILKES-BARRE — Luzerne County prosecutors have elected not to seek the death penalty for Reynaldo Mercado, charged in the robbery and killing of Fred Boote in September.
Assistant District Attorney Tony Ross did not file a petition of aggravating circumstances and did not inform Luzerne County Judge Michael T. Vough that he will seek the death penalty for Mercado, 31.
Mercado and Louisa A. Reyes, 14, both of Wilkes-Barre, are charged with an open count of criminal homicide, burglary, robbery, abuse of corpse and conspiracy in Boote’s slaying inside his home on Donald Court in Wilkes-Barre.
Because Boote, 58, was killed during an alleged robbery and burglary, prosecutors had the option to seek the death penalty against Mercado.
During brief court appearances Wednesday, Mercado and Reyes, who is charged as an adult, pleaded not guilty when they were formally arraigned by Vough.
The judge will schedule a trial at a later date.
Reyes’ attorney, Frank McCabe, had filed a petition seeking to decertify the adult charges against Reyes. If Vough decides to do that, Reyes will be prosecuted in juvenile court.
Boote’s bloody and partially burned body was found in the early morning hours of Sept. 14 when a police officer returning a stray dog discovered the scene.
According to criminal complaints:
Reyes’ mother, Carmen Cardy, had a relationship with Boote for several months, but he asked her and her children to move out in July. Soon after, they moved in with Mercado on Maffett Street in Wilkes-Barre.
During an interview with investigators, Reyes claimed Mercado became desperate for cash after losing his job and became concerned he was not able to provide for Cardy and her children.
Mercado told Reyes he planned on committing burglaries to make money and suggested they ransack Boote’s house.
Reyes led Mercado to Boote’s residence and helped him gain entry.
Reyes went to the front door and Mercado waited outside. Boote allowed Reyes to enter, and she left the door unlocked behind her.
Boote and Reyes then headed upstairs when Mercado entered. As Boote was texting Cardy with plans to drive her home, Mercado rushed upstairs and attacked Boote.
Reyes obtained a knife from the kitchen that Mercado grabbed from her. Mercado then stabbed Boote multiple times in a bedroom where his body was found.
Mercado told investigators that he took a container of gasoline from the garage and attempted to burn Boote’s body.
Investigators say a surveillance camera recorded Mercado and Reyes entering Boote’s home around 1 a.m. Sept. 14.
Afterward, Mercado and Reyes fled to West New York, N.J,, where they were found two days later on Sept. 16.
