The Lycoming County District Attorney’s office is seeking the death penalty against I-Keem Fogan for his alleged part in the deadly Aug. 4 robbery of a gas station.

Kenneth A. Osokow, district attorney, filed four reasons he was seeking the death penalty on Sept. 19, in a notice of aggravating circumstances, which is legally required in Pennsylvannia when capital punishment is pursued.

The document alleges Fogan held a person, Rhonda McPeak, for ransom, reward, or as a shield or hostage, killed the victim to prevent testimony in court, committed the killing while committing a felony, and knowingly created a grave risk of death to another person in addition to the victim.

“The Commonwealth hereby gives notice that it will seek the death penalty for the offense of criminal homicide,” according to the court record.

Those reasons to sentence Fogan to death have no weight until proven in court, said Osokow.

“Ultimately, it’s up to the court and jury, but those are the circumstances that we believe are applicable to the case,” he said.

“(Fogan) waived his arraignment,” added Osokow.

That hearing was scheduled for Monday. The defense council and district attorneys are slated to meet Oct. 28 for a status update.

If the DA is going to offer any deals, it will be at that update, said Nicole J. Spring, chief public defender.

“Homicide cases get scheduled in their own time — capital sentences, even longer,” she said.

In total, the charges held in the preliminary hearing on Aug. 30 were criminal homicide, two counts of criminal conspiracy to commit homicide, two counts of aggravated assault, robbery, carrying a firearm without a license, possessing instruments of crime and unlawfully restraining the victim.

Noah Stroup, 23, of Williamsport, who police allege acted as a lookout for Fogan the night McPeak was killed, is expected to be in court today at 8:30 a.m. for a miscellaneous criminal motion before Judge Marc Lovecchio.