COLUMBUS, Ohio (WTVN) -- If a videotaped deposition of Judy Malinowski is allowed to be used while Michael Slager is being tried for the death of Judy Malinowski, it would be a first for Franklin County Prosecutor Ron O'Brien.
"We concluded to present this to [a] Grand Jury as a potential Capital case, and they returned the four-count indictment that does include two capital counts of Aggravated Murder," O'Brien said Monday afternoon in a news conference at his office.
Malinowski was doused with gasoline and set on fire by Slager, her ex-boyfriend, in August, 2015. Slager was sentenced to ten years in prison prior to Malinowski's death. O'Brien is seeking Aggravated Murder charges now.
"It is unheard of to have the victim in a homicide case testify at the subsequent trial of the person charged," O'Brien said.
O'Brien points out the unimagineable pain and suffering Malinowski suffered before passing away. She underwent 52 surgeries prior to her death.Malinowski's case is the impetus for Ohio's "Judy's Law", which increases penalties for criminals who maim or kill someone using an accelerant, causing disfigurement.