By ERIC TUCKER
Associated Press

ROCKVILLE, Md. (AP) - The top prosecutor in Maryland's Montgomery County says he may consider pursuing the death penalty against a man charged with killing his estranged wife and who's suspected in the death of his stepson.

But State's Attorney John McCarthy says it's too early to discuss capital punishment if Curtis Lopez, who was arrested last week in North Carolina and will be returned to Maryland to face charges, is convicted. He says he's not sure Lopez is eligible for the death penalty under Maryland requirements.

Lopez is accused of killing Jane McQuain, who was found beaten and stabbed to death in her Germantown home. Police on Tuesday found the body of 11-year-old William McQuain in a wooded area of Clarksburg. An autopsy is being done to determine the cause of death.

(Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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