A state senator is demanding that Georgia Attorney General Chris Carr file an emergency motion to intervene and demand the death penalty against Laken Riley’s killer, but Carr's office maintains that he does not have the legal authority to do so.

District Attorney Deborah Gonzalez, for the Western Judicial District encompassing Athens, previously wrote in court documents that she would not pursue the death penalty, citing "collateral consequences to undocumented defendants." 

Jose Ibarra, a 26-year-old illegal immigrant who received taxpayer-funded flights, was found guilty Wednesday of stalking, raping and murdering Riley in February. The nursing student, out for an early morning run on the University of Georgia campus, fought her attacker for approximately 18 minutes but died from blunt force trauma. Ibarra bashed her skull with a rock after dragging her off a wooded trail, prosecutors said. 

"I am officially calling on Attorney General Chris Carr to file an emergency motion to intervene and demand the death penalty for the murderer of Laken Riley," state Sen. Colton Moore, a Republican, wrote on X. "District Attorney Deborah Gonzalez let her radical political agenda stand in the way of justice. By refusing to seek the death penalty, she denied Laken’s family, friends, and community the full measure of justice they deserve."

"I'm very concerned, you know, about any student going to the University of Georgia when this area is a sanctuary city now. And, you know, these killers, these guys can come in here, and they don't have to worry about capital punishment," Moore told Fox News Digital. "Probably $2 million is what we're going to have to pay as taxpayers to give him three meals and a cot for the rest of his life. You know, three hots and a cot." 

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A spokesperson for Carr’s office stated that the state attorney general does not have jurisdiction and, therefore, cannot intervene, but Moore argued otherwise. 

"I can send you a copy of the Constitution of Georgia, section 3, paragraph 4. It clearly states that the attorney general has jurisdiction in any felony case," Moore told Fox News Digital. "And the state, I mean the attorney general's office, has intervened in cases before. You know, he is the chief law enforcement officer of our state. He should have known that the district attorney is one of the most liberal district attorneys in the country, that she wasn't going to pursue the death penalty. Why even have capital punishment in our state?" 

"I mean clear evidence, it's not like we're killing an innocent person here," Moore said. "I mean, his DNA was underneath Laken Riley's fingernails. It was very clear he's the perpetrator. He's the guilty one. And we have capital punishment in our state for a reason. And I can't imagine another crime that would suit capital punishment like his crime. He's the chief law enforcement officer, it's clearly stated in the constitution that he has jurisdiction." 

Regarding the part of Georgia's Constitution that Moore cited, Carr's office said it does not say that the Attorney General has jurisdiction in any felony case, just to represent the state before the Supreme Court in death penalty cases.

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In a separate statement reacting to the verdict, Carr said Riley’s death "should have never occurred" and "it is absolutely gut-wrenching to hear the evidence that Laken Riley fought for her life and fought for her dignity, and the statements made by her family and friends in court break my heart." 

"We’re grateful to Sheila Ross with the Prosecuting Attorneys’ Council for ensuring that a conviction was obtained, and we will continue to pray for all who knew and loved Laken," Carr said. 

Gonzalez lost her re-election bid this month. She handed the prosecution of Ibarra over to Sheila Ross in February.

In response to an inquiry from Fox News Digital regarding Gonzalez's reasoning for not seeking the death penalty, the DA's office told Fox News Digital that the reference in court documents to collateral consequences for undocumented defendants is "DA Gonzalez's stance on sentencing in general."

"Life without parole is an appropriately serious sentence and is a decision supported by the family, as heard in the impact statements delivered by Laken Riley's family and friends during yesterday's sentencing," a spokesperson for Gonzalez added.