Kimble's penalty

Considering Kimble was tried in Indiana, 2 of the following could apply to Kimble's case, which justify capital punishment (marked in **). So, it's not a stretch that he was sentenced to death, which would have been the electric chair in the mid-1960's.

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The following constitutes first-degree murder with aggravating circumstances, which is the only capital crime in Indiana.

** - The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
- The capital offense was committed during the commission of, attempt of, or escape from a specified felony (kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
- The murder was committed from a motor vehicle or near a motor vehicle that transported the defendant
- The murder was committed by intentionally discharging a firearm into an inhabited dwelling
** - The defendant killed the victim while lying in wait
- The murder was committed by means of a bomb, destructive device, explosive, or similar device
- The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
- The victim of the murder was less than 12 years of age
- The victim was a pregnant woman, and the murder resulted in the intentional killing of a fetus that has attained viability

The one thing I never understood was, in order to be given death penalty you have to be proven to be a threat to society. On several occasions even Gerard stated that Kimble was a threat to no one but himself and once told another officer that although Kimble had killed he was "not a killer". There should have been some leniency at the very least.