State seeking death penalty for Boswell in Loofe slaying; suspects’ apartment searched again

August 2, 2018

State prosecutors are seeking the death penalty for murder suspect Bailey Boswell in the killing of Sydney Loofe, according to court documents.

Boswell now faces the possibility of capital punishment. On July 12, the state said it would seek the death penalty for her co-defendant, Aubrey Trail.

As in his case, prosecutors gave few details about the alleged aggravating circumstances in deciding to seek the death penalty against Boswell.

“The murder manifested exceptional depravity by ordinary standards of morality and intelligence,” Assistant Nebraska Attorney General Sandra Allen said in the information.

Exceptional depravity is one of several aggravators defined in state law that determine if a case is eligible for the death penalty.

Both Trail and Boswell are accused of first-degree murder and unlawful disposal of human remains in the 24-year-old Lincoln woman’s death.

If found guilty, judges at a separate hearing would determine if the aggravating circumstances warrant a death sentence.

Boswell went on a date with Loofe to the Wilber apartment she shared with Trail on Nov. 15. Loofe was reported missing by her family the next day when she failed to show up for work at the north Lincoln Menards.

Her dismembered remains were found in trash bags Dec. 4 and Dec. 5 in rural Clay County, investigators have said.

Investigative reports have pointed to the Wilber apartment as the suspected crime scene, Trail’s lawyers said in court documents.

Trail is suspected of strangling Loofe with an electrical cord, but he told investigators and reporters she died accidentally.

Prosecutors though have pointed to unspecified purchases made by Trail and Boswell at the Home Depot in north Lincoln earlier on Nov. 15 as signs they planned the killing.

Boswell is set to be arraigned in the case Monday.

Her attorney, Todd Lancaster of the Nebraska Commission on Public Advocacy, declined a request for comment.

Prosecutors alleged an additional aggravating circumstance in Trail’s case, claiming he had a history of violent or threatening behavior.

His court-appointed attorneys said they didn’t know what that violent history might be since nearly all of Trail’s felony convictions across multiple states were for fraud and theft.

Trail and Boswell’s attorneys inspected the Wilber apartment for the first time Tuesday night and secured evidence in the case.

“We spent two hours at the apartment last night going through some of the remaining items and actually found a few things that we believe will be beneficial to our case,” said Ben Murray, one of Trail’s two court-appointed attorneys.

Murray declined to specify what was secured as evidence following their search.

Prosecutors and law enforcement were present during the search.

The couple’s landlord had been seeking to clear the apartment of their belongings by July 31, and an inventory laid out the curious assortment of Beanie Babies, shackles, a lion rug and elephant figurines among more routine household items.

They had lived in the apartment just north of Wilber-Clatonia High School for less than six months, Trail said in December.

A judge OK’d the attorneys’ request to inspect the apartment last week and provided court protection for Trail and Boswell’s property to be secured at a different location.

Update hourly