Feds take lead in Denny's invasion case

ALBUQUERQUE (KRQE) - Two men accused in the fatal takeover of a Denny's restaurant last month could face the death penalty after their state case moves to federal court.

However District Attorney Kari Brandenburg, who announced the move Tuesday afternoon, said she does not know if the feds plan to make the prosecution a capital case.

Brandenburg said it will likely be a joint prosecution with a state prosecutor joining the U.S. Attorney's Office as part of the courtroom team. The federal legal system has more teeth and a greater number of laws that apply to the case, she added.

Pablo Ortiz, 32, and Marvin Aguilar Lopez, 22, were each indicted by a state grand jury last week on 90 felony counts including first-degree murder, armed robbery, kidnapping and child abuse.

They and a fugitive suspect, Francisco Melgar, are accused in the armed robbery of the Denny's restaurant on Coors Road south of Interstate 40 during which a cook, Stephanie Anderson, 34, was shot and killed.

Brandenburg says it is not uncommon for state and federal prosecutors to work together.

" We were working together and talking about options, and it was one that made a lot of sense to everyone that was involved," she said during an afternoon news conference. "And I think that everybody decided it was the right decision, and that's why we're moving forward with it."

Brandenburg said that as soon as federal indictments are filed the state charges will be dropped.

This case qualifies for federal charges under the Hobbs Act because the crime happened inside a restaurant that's part of a nationwide chain.