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Decision on seeking death penalty for accused LAX shooter due by fall

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Los Angeles Airport Police Department Officer Fritz Corros stands in silence as an honor guard at the makeshift memorial to fallen TSA Officer Gerardo Hernandez.  (Mark Boster / Los Angeles Times)
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Transportation Security Administration employees observe a moment of silence on Friday at 9:20 a.m., the same time of last Friday’s shooting that left TSA Officer Gerardo Hernandez dead.  (Mark Boster / Los Angeles Times)
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Los Angeles Airport police Officer Fritz Corros stands in silence as an honor guard at the makeshift memorial to fallen TSA Officer Gerardo Hernandez.  (Mark Boster / Los Angeles Times)
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TSA employees embrace after observing a moment of silence at LAX.  (Mark Boster / Los Angeles Times)
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Airport workers embrace in Terminal 3 after a memorial service for a slain TSA officer.  (Mark Boster / Los Angeles Times)
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A shoulder patch is among the items at the makeshift memorial for slain TSA Officer Gerardo Hernandez.   (Mark Boster / Los Angeles Times)
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LAX Airport Police officer Tom Dye passes the U.S. Honor Flag to TSA honor guard Brandy Richards as it arrives at LAX in memory of TSA agent Gerardo Hernandez on Wednesday. The Honor Flag will be used at Hernandez’s upcoming funeral services.  (Brad Graverson / Getty Images)
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Honor guards escort a U.S. National Honor Flag from an airline jet in a ceremony to memorialize TSA Officer Gerardo Hernandez, who was fatally shot at LAX.  (David McNew / Getty Images)
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The U.S. Honor Flag is carried during a procession through Terminal 4 at LAX in memory of TSA agent Gerardo Hernandez.   (Brad Graverson / Getty Images)
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A motorcade, consisting of members of the L.A. Police Department, L.A. Fire Department, and honor guards with the Transportation Security Administration, carries a U.S. National Honor Flag in memory of TSA Officer Gerardo Hernandez.  (Genaro Molina / Los Angeles Times)
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A TSA officer wipes her eyes as an honor guard escorts a U.S. National Honor Flag in a ceremony to memorialize TSA Officer Gerardo Hernandez, who was fatally shot at LAX.  (David McNew / Getty Images)
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TSA agents Blandina Beltran,left, and Wessane Legesse, right, comfort each other at a candlelight vigil for their co-worker slain TSA agent Gerardo I. Hernandez at Dockweiler State Beach on November 4, 2013 in Los Angeles, California. Beltran and Legesse both work in Terminal 3 at LAX.   (Gina Ferazzi / Los Angeles Times)
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TSA shooting victim Tony Grigsby is consoled by his mother, Faye Maye, during a news conference Monday n Los Angeles.   (Wally Skalij / Los Angeles Times)
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TSA shooting victim Tony Grigsby, escorted by his mother, Faye Maye, left, and grandmother Juanita Davis, walks slowly away from the media after a press conference Monday in Los Angeles.   (Wally Skalij / Los Angeles Times)
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Passengers continue through the screening area in LAX Terminal Three on Monday morning.  (Al Seib / Los Angeles Times)
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Transportation Security Administration agents help travelers with baggage to check for screening at LAX Terminal Two on Monday morning after a deadly shooting Friday at Terminal Three caused mass delays and cancellations. A Transportation Security Administration agent was killed and several other people were wounded when a gunman opened fire in the Los Angeles International Airport terminal Friday morning.   (Al Seib / Los Angeles Times)
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Transportation Security Administration agents embrace in front of Terminal 3 at LAX on Monday. Three days after a fellow agent was killed and several others wounded.  (Al Seib / Los Angeles Times)
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Transportation Security Administration agents help travelers with their luggage. Suspect Paul Anthony Ciancia’s family family notified Los Angeles police Friday morning after receiving text messages from the 23-year-old that made them concerned about his well-being.  (Al Seib / Los Angeles Times)
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Passengers and Transportation Security Administration walk past a memorial of flowers at LAX on Monday morning.  (Al Seib / Los Angeles Times)
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Flowers for slain TSA agent Gerardo Hernandez at LAX Terminal 3.  (Jay L. Clendenin / Los Angeles Times)
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Los Angeles Airport Police Officer Dan Keehne and his canine partner keep an eye on passengers in Terminal 3.   (Genaro Molina / Los Angeles Times)
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TSA officers are in very somber mood at the Terminal 3 check-in area.  (Irfan Khan / Los Angeles Times)
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Ana Hernandez, widow of slain TSA officer Gerardo I. Hernandez, makes a statement Saturday.  (Luis Sinco / Los Angeles Times)
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Airport police Officer Dan Keehne patrols Terminal 3 with his canine partner.  (Genaro Molina / Los Angeles Times)
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Travelers wait to check in as construction workers take down tarp that prevented people from looking at the crime scene.   (Genaro Molina / Los Angeles Times)
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Los Angeles airport staff members attend to a passenger who was trying get in through a closed entrance at Terminal 3.   (Irfan Khan / Los Angeles Times)
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Los Angeles Airport police patrol with dogs in Terminal 3 a day after the shooting.  (Irfan Khan / Los Angeles Times)
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TSA agents spend a quiet moment on a bridge that leads to Terminal 3.   (Genaro Molina / Los Angeles Times)
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A TSA agent is absorbed in thought as he walks through Terminal 3 at Los Angeles International Airport.  (Genaro Molina/ Los Angeles Times)
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Law enforcement including the FBI, the Los Angeles Police Department, the Los Angeles Fire Department and LAX Airport Police gather in Terminal 3 at Los Angeles International Airport. A Transportation Security Administration agent was killed and several other people were wounded when a gunman opened fire at the airport. The attack caused widespread chaos, delaying flights and stranding thousands of passengers.  (Gary Friedman / Los Angeles Times)
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Liza Espiritu, right, rests on her luggage while joining hundreds of passengers who wait to get permission to try to make their flights. Espiritu and her husbvand, Eric, standing behind her, were traveling from Manila with a stop at LAX en route to Phoenix.  (Genaro Molina/ Los Angeles Times)
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After hours of waiting, passengers are allowed to enter LAX. They were held at the entrance to the arrival section of LAX.   (Genaro Molina / Los Angeles Times)
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Travelers make their toward LAX on one of the main roads into the airport.   (Genaro Molina / Los Angeles Times)
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Joseph Heyward, 87, right, and his wife get help with their luggage and a ride from Los Angeles firefighters.   (Genaro Molina/ Los Angeles Times)
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Passengers wait outside Terminal 1 at Los Angeles International Airport on Nov. 1, 2013, after a Transportation Security Administration agent was shot and killed and three other people were wounded when a gunman opened fire in Terminal 3.   (Al Seib / Los Angeles Times)
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Los Angeles Police Chief Charlie Beck talks with other responders at Los Angeles International Airport.  (Reed Saxon / Associated Press)
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The attack at LAX caused widespread chaos at the airport, with flights delayed and thousand of passengers left stranded on the streets in and around the airport.   (Al Seib / Los Angeles Times)
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Security presence outside Terminal 2 at LAX after a Transportation Security Administration agent was shot and several other people were wounded when a gunman opened fire in Terminal 3 Friday morning.  (Al Seib / Los Angeles Times)
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Passengers wait outside Terminal 1 at LAX.  (Al Seib / Los Angeles Times)
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Passengers and airline personnel exit LAX after a Transportation Security Administration agent was shot and killed.  (Al Seib / Los Angeles Times)
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Passengers wait for Terminal 1 to reopen after a shooting at Los Angeles International Airport on Friday.  (Ringo H.W. Chiu / Associated Press)
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A passenger trundles his bag behind him outside LAX, where thousands of people were evacuated after a gunman opened fire in Terminal 3.  (Michael Nelson / EPA)
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A police offer stretches crime scene tape across the road leading to Terminal 3 after Friday morning’s shooting.  (Michael Nelson / EPA)
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Police stand guard outside Terminal 2 at Los Angeles International Airport.  (Ringo H.W. Chiu / Associated Press)
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Passengers evacuated from LAX terminals walk with their luggage after a gunman opened fire inside Terminal 3.  (Al Seib / Los Angeles Times)
By Kate Mather
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Federal prosecutors expect to know by mid-November whether they’ll seek the death penalty against the 24-year-old man accused in last year’s deadly shooting at Los Angeles International Airport.

Prosecutors told a judge Monday that their case regarding Paul Ciancia -- charged with 11 felony counts in the Nov. 1 attack, including murder and attempted murder -- was under review by the Department of Justice, according to Thom Mrozek, a spokesman for the U.S. attorney’s office.

Atty. Gen. Eric Holder will ultimately decide whether the government will seek the death penalty for Ciancia, who pleaded not guilty to the charges last year.

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Prosecutors told the judge they expected a final decision from the Department of Justice by mid-November, Mrozek said. No trial date has been set in the case. Ciancia is due back in court Dec. 8 for a status conference.

Authorities allege Ciancia opened fire with a semiautomatic rifle at the airport’s Terminal 3 the morning of Nov. 1, killing Transportation Security Administration Officer Gerardo I. Hernandez and wounding three other people.

Hernandez, 39, was the first TSA officer killed in the line of duty since the agency was created after the Sept. 11, 2001, terrorist attacks.

Ciancia allegedly targeted TSA employees during the attack -- investigators said they found a note signed by Ciancia saying he wanted to kill TSA agents and “instill fear in their traitorous minds.” Witnesses to the shooting said the gunman asked whether they worked for the TSA before moving on.

Ciancia was shot in the head and leg during a gun battle with airport police, and spent two weeks recovering at a hospital before he was released into the custody of the U.S. Marshals Service. He is currently being held at a federal detention center in downtown Los Angeles.

Follow @katemather for more crime and court coverage from across Southern California.

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Kate Mather

Kate Mather covered crime, policing and breaking news across Southern California before leaving The Times in 2018 to attend law school. A native of Lawrence, Kan., she studied journalism at USC before first joining The Times in 2011. Mather was part of the team of reporters that received a Pulitzer Prize for its coverage of the 2015 terrorist attack in San Bernardino, as well as the team that was a Pulitzer finalist for its reporting on a deadly 2014 rampage in Isla Vista, Calif.

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