RICHMOND, Ind. — The man charged with killing Richmond Police Officer Seara Burton could now face the death penalty.
The Wayne County prosecutor has enhanced the charges against Phillip Lee.
Prosecutor Michael Shipman filed amended charges against Phillip Lee on Friday. The prosecutor is now asking for the death penalty if Lee is convicted of murder in the shooting death of Burton.
Burton and her K-9, Brev, joined a traffic stop on Aug. 10 just after 6:30 p.m. Court records say Brev detected narcotics in the scooter Lee was riding. Lee allegedly then pulled a gun and fired at the heads of two officers, hitting Burton once in the head. A foot chase and gunfight with other officers followed before Lee was caught after being shot on his porch. His injuries were not life-threatening.
Burton survived for more than a month. She was taken off life support Sept. 1 before she died Sept. 18.
PHOTOS: Ofc. Seara Burton funeral
Lee was originally charged with attempted murder while Burton was still alive. The amended charges are upgraded to murder, two counts of attempted murder, unlawful possession of a firearm by a serious violent felon, possession of methamphetamine, possession of cocaine, and possession of a narcotic drug.
New additional charges include being a habitual offender, a use of firearm enhancement and the request for the death penalty.
Lee has previous felony convictions dating back to 1994 for burglary, cocaine possession, auto theft, and narcotics possession. Lee has spent nearly 22 of the past 28 years in state prison.
In 2017, a Richmond police officer said, "Lee claimed he was not going back to jail and would shoot any officer or agent that encountered him."
A joint motion asks the court for a gag order on all the lawyers in the case, as well as law enforcement, public officials and the families of Lee and Burton. The request is to aid in securing an impartial jury for the trial currently scheduled for Dec. 27.
13News reached out to Burton's family, Richmond Police and the prosecutor for reaction to the death penalty request, but no one would comment. They are very limited in what they can say because of the gag order.
This is now the second death penalty case involving an Indiana police officer shot this summer. Just 10 days before Burton was shot, Elwood police officer Noah Shahnavaz was shot and killed during a traffic stop on July 31st.
The Madison County Prosecutor is seeking the death penalty against Carl Boards. A judge is considering a defense request to move that January trial outside central Indiana because of publicity.