Prosecutor to seek death penalty for Thomas Hardy

Thomas Hardy

Indianapolis - Marion County Prosecutor Terry Curry says he will seek the death penalty for the man accused of killing Indianapolis Metro Police Officer David Moore. Curry made that announcement Friday with Moore's parents at his side.

Curry said he and his staff have been considering asking for the ultimate punishment since Officer Moore's shooting January 23rd, and the discussion always came back to one point.

"We believe the evidence will clearly show that this senseless killing was intentional, while Officer Moore was doing nothing more than performing his routine duties," said Curry.

In Indiana, prosecutors have to identify one of 16 aggravating circumstances to ask for the death penalty. In this case, Curry cites three:

-that 60-year-old Thomas Hardy killed Officer Moore while Moore was on duty.
-that the murder was motivated by a traffic stop, something that Officer Moore did in the course of his duties.
- and that Hardy was on parole at the time of the killing.

"This is more than a crime against our police officer. It is a crime against our community," said Curry.

David Moore's parents were at the announcement. His father Spencer says he will back the prosecutor as the case moves forward.

"We are here solely to support the prosecutor because we believe in what he is doing, and we will continue to do so regardless of his decisions now or in the future," said Spencer Moore.

If a jury convicts Hardy, and sentences him to death, he would be the 12th person on Indiana's death row.

The Indiana Department of Corrections released Hardy on parole in October 2009 and did not put him back in prison when police re-arrested him in December 2010. Prosecutors say he shot and killed Officer Moore on January 23rd. Moore died three days later from his injuries.

The parole officer who dealt with Hardy's case could lose her job over the error. That's currently under review.

Hardy pleaded not guilty in his initial court hearing January 28. A trial date of March 21 has been set.