WASHINGTON, Pa. – The same Washington County jury that convicted Gregory S. Modery of first-degree murder will decide whether he will live or die. Washington County District Attorney John C. Pettit confirmed Thursday he would ask the 10-woman, two-man jury to sentence Modery to death for his role in the murder of Ohio medical consultant Ira Swearingen. Pettit and defense attorney Fred Rabner were expected today to present arguments in a penalty phase hearing before Washington County Judge Katherine B. Emery. With the first-degree murder conviction, Modery, 32, of McMurray, faces, at-minimum, life in prison with no chance for parole. Following the penalty phase hearing, the jury will again deliberate Modery’s fate. This time around, though, it will not decide guilt or innocence. The panel will instead decide whether the death penalty is appropriate. Modery was convicted Wednesday of first-degree murder in the Dec. 12, 1999, abduction, kidnap and shooting death of Swearingen, 49, of Stout. The jury also delivered guilty verdicts on counts of aggravated assault, robbery and kidnapping. Swearingen’s family indicated Wednesday it would be satisfied with a life sentence for Modery. But Pettit said that after consulting with the family and his staff, he decided to pursue the death penalty. “They are very willing to participate in the penalty phase, seeking death,” Pettit said of Swearingen’s family. Pettit said Thursday he will call at least two people to testify at the penalty phase hearing, and predicted a half-hour closing argument. Pettit must convince the jury that aggravating circumstances surrounded the murder. The county’s veteran prosecutor said he will point to torture as the aggravating circumstance in the Modery case. Modery and co-defendants Alexander Martos and John Shaker allegedly beat Swearingen until the victim revealed personal identification numbers for bank and credit cards. They also stuffed Swearingen into a car trunk and drove him to the murder scene. Rabner must present instances of mitigating circumstances in an effort to save Modery’s life. Under the law, mitigating circumstances serve to reduce the severity of crimes as described by prosecutors. Pettit last sought the death penalty in 2000, when Burgettstown mother Michelle Tharp was convicted of starving to death her young daughter, Tasha Lanham. Tharp was sentenced to death. Pettit has sought the death penalty five times, succeeding in each case. If Modery is sentenced to death, he will join 245 others – including five women – on Pennsylvania’s death row. Modery, Shaker, of Las Vegas, and Alexander J. Martos, 35, formerly of Fallowfield Township, lured Swearingen to his ultimate doom outside the Highway News adult bookstore at the Interstate 70 Kammerer Exit. Modery and Martos drove Swearingen to a remote area of Greene County, where Martos shot him once in the head. Hunters discovered the body a year later. Under a plea bargain, Martos testified against Modery and avoided a possible death sentence. Rabner is expected to call about five witnesses.

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