11/24/2000

Extradition for couple held in San Francisco shoot-out;
wanted for murder of Texas deputy

PoliceOne Staff Report
(SAN FRANCISCO) -- An Indiana couple being held after a downtown shootout with police will be extradited Texas where they will stand trial on charges of killing a deputy, according to the San Jose Mercury News.

On Monday Judge Jerome Benson responded to a governor's warrant for Joshua Maxwell, 22, and Tessie McFarland, 21, who have been in jail since the Oct. 17 shootout, and ordered the two be sent back to Texas to stand trial for the murder of Deputy Rudy Lopez.

Authorities suspect that the gun battle between police and the two was the last stand of a cross-country crime spree that includes the murder of an Indiana man, Robby Bott, in September.

In response, Maxell's lawyer filed a petition for a writ of habeas corpus, which asks for a review of the case by a superior court judge. If granted, Maxell's extradition could be delayed.

McFarland's lawyer told the San Jose Mercury News that she would not delay her transport to the Lone Star state.

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