DELAND -- The Volusia County Grand Jury returned an Indictment earlier today against against Brian McLane that accuses him of first-degree murder, a capital felony, in relation to the death of his Edgewater roommate on June 3.
The defendant and the victim, 71-year-old Richard Carton, were roommates in a mobile home. The victim was found dead of asphyxiation and/or suffocation.
McLane's indictment paves the way for the office of State Attorney R.J. Larizza to consider whether it will seek the death penalty at trial. LaRizza's office does not comment until a decision has beenmade inhouse whether to seek the death penalty or life in prison without parole.