Video: New charges filed against Loughner

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    >>> federal prosecutors filed new charges against tucson shooter jared loughner. pete williams is here with latest. pete, tell us about these charges.

    >> reporter: yes. a little more on the significance of this. what it means now is the federal government has taken a whole new approach to this case. rather than simply charging him as was initially expected with his attack on federal employees, congresswom congresswom congresswoman giffords, the congressional staffers, the federal judge , the government is saying we can charge him with everybody he shot that day, all six people killed, the attempted assassination of congresswoman giffords and thealso wounded. and the reason the government says it can do that is a federal law that says the government has jurisdiction over a federal event. and what they're saying is this gathering in the supermarket parking lot amounted to a federal event, this come and meet with your congresswoman on the corner event and, therefore, the government can file all of these charges. a dramatic change in this case.

    >> no doubt there. pete williams ,

updated 3/4/2011 5:04:11 PM ET 2011-03-04T22:04:11

Federal prosecutors on Friday announced new charges against the suspect in the attempted assassination of Rep. Gabrielle Giffords, accusing him of killing six people and wounding 13 others who were exercising the fundamental American "right to meet freely, openly and peaceably with their member of Congress."

U.S. Attorney Dennis Burke said the 49-count indictment returned Thursday against Jared Lee Loughner "covers all the murdered and injured victims" who were at the political event held by Giffords outside a Tucson grocery store.

"There are no distinctions at all between the victims," Burke said, adding that they "were exercising one of the most precious and fundamental rights of American citizens."

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The indictment charged Loughner in the murders of U.S. District Judge John Roll and Giffords aide Gabe Zimmerman. Four other people who were not federal workers also died in the Jan. 8 attack, including a 9-year-old girl, and 13 others were wounded.

He also was charged with causing the death of a participant at a federally provided activity; injuring a participant at a federally provided activity; and using a gun in a crime of violence, stemming from the wounding of 10 people who didn't work for the federal government.

Loughner had pleaded not guilty to earlier federal charges of trying to assassinate Giffords and kill two of her aides.

His attorney, Judy Clarke, didn't immediately return a call and e-mail left at her office Friday.

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Federal prosecutors haven't yet said whether they will seek the death penalty against Loughner. But legal experts believe it's a virtual certainty.

Burke said because Loughner is eligible for the death penalty if convicted of some of the charges, the U.S. Attorney's Office is pursuing "a deliberate and thorough process" in prosecuting the case.

Loughner will likely face state charges in the attack as well, but will be tried first in federal court before any prosecution begins on state charges. Federal and county prosecutors said federal law requires state prosecutions to be suspended while a federal case is pending.

Loughner is scheduled for a court hearing in Tucson on Wednesday, when he will be arraigned on the new charges.

A day after the shootings, prosecutors filed a complaint in court charging Loughner with trying to assassinate Giffords, attempting to kill two of her aides, and killing Roll and Zimmerman. Those charges were later replaced by federal indictments that mirrored the same charges.

In many criminal cases, prosecutors will often file charges themselves without a grand jury indictment, but will later replace those charges with an indictment.

It was not known why the charges against Loughner weren't contained in one indictment.

© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos: Former Ariz. Representative Gabrielle Giffords

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  1. Gabrielle Giffords, the former congresswoman who was shot and left handicapped after a gunman opened fire at an event in Tucson, Ariz., and her husband retired Navy Capt. Mark Kelly prepare to testify before a Senate Judiciary Committee hearing on gun violence in Washington, D.C., on Jan. 2013. (Jim Lo Scalzo / EPA) Back to slideshow navigation
  2. U.S. Senator Richard Blumenthal, D-Conn., former U.S. Rep. Gabrielle Giffords and her husband, former astronaut Mark Kelly, leave the Newtown Municipal Building in Newtown, Conn. on Jan. 4, 2013. Giffords met with Newtown officials on Friday afternoon before heading to visit with families of the victims of the Sandy Hook Elementary School massacre. (Michelle Mcloughlin / Reuters) Back to slideshow navigation
  3. Gabrielle Giffords waves to the Space Shuttle Endeavor with her husband, former astronaut Mark Kelly as it flies over Tucson, Ariz. on its way to Los Angeles, on Sept. 20, 2012. Kelly served as Endeavour's last space commander months after Giffords survived serious head injuries because of a 2011 shooting. (P.K. Weis / Southwest Photo Bank via AP) Back to slideshow navigation
  4. Gabrielle Giffords blows a kiss after reciting the Pledge of Allegiance during the final session of the Democratic National Convention in Charlotte, N.C. on Sept. 6, 2012. (Eric Thayer / Reuters) Back to slideshow navigation
  5. Gabrielle Giffords stands on top of a peak in the French Alps with her husband Mark Kelly, right,, and mountain guide Vincent Lameyre, July 23, 2012. On her first trip out of the country since her injury in 2011, she rode a two-stage cable car to a station for spectacular views of Mont Blanc. (Denis Balibouse / Reuters) Back to slideshow navigation
  6. Ron Barber, right, celebrates his victory with Giffords, left, prior to speaking to supporters at a post election event, Tuesday, June 12, 2012, in Tucson, Ariz. Barber, Giffords' former district director, won her seat in a special election after she resigned to focus on her recovery. (Ross D. Franklin / AP) Back to slideshow navigation
  7. Democratic Florida Rep. Debbie Wasserman Schultz, read Rep. Gabriell Giffords resignation speech on the House floor on Wednesday, Jan. 25, 2012. The day after President Obama's State of the Union speech, Giffords formally offered her resignation to Speaker John Boehner. Weeping, Shultz applauded the strength of her friend and colleague, "I'm so proud of my friend." (MSNBC) Back to slideshow navigation
  8. President Barack Obama hugs retiring Congresswoman Gabrielle Giffords as the president arrives to deliver his State of the Union address on Tuesday, Jan. 24, 2012. (Pool / Reuters) Back to slideshow navigation
  9. Rep. Gabrielle Giffords, D-Ariz., left, and Pelosi, right, posing with Giffords husband, former astronaut Mark Kelly of the Navy, at his retirement ceremony with Vice President Joe Biden in the Old Executive Office Building on the White House complex in Washington, Thursday, Oct. 6, 2011. (House Leader Nancy Pelosi's office / AP) Back to slideshow navigation
  10. Rep. Gabrielle Giffords returns to the House for the first time since she was shot, making a dramatic entrance on Monday, Aug. 1, 2011, during a crucial debt vote. She drew loud applause and cheers from surprised colleagues. (NBC News) Back to slideshow navigation
  11. Rep. Gabrielle Giffords poses for a photo the day after the launch of NASA space shuttle Endeavour and the day before she had her cranioplasty surgery, outside TIRR Memorial Hermann Hospital May 17, in Houston, Texas. Aides of Rep. Gabrielle Giffords posted two recent photos of the congresswoman to her public Facebook page, the first since the January 8 shooting that killed six people and wounded a dozen others. (P.K. Weis / Giffords Campaign / Getty Images) Back to slideshow navigation
  12. Emergency workers use a stretcher to move Rep. Gabrielle Giffords after she was shot in the head outside a shopping center in Tucson, Ariz., on Saturday, Jan. 8, 2011. (James Palka / AP) Back to slideshow navigation
  13. In this Jan. 5, 2011 file photo, House Speaker John Boehner re-enacts the swearing in of Rep. Gabrielle Giffords on Capitol Hill in Washington. (Susan Walsh / AP) Back to slideshow navigation
  14. Rep. Giffords, left, speaks during a candidates debate with Republican candidate Jesse Kelly at the University of Arizona in Tucson, Ariz., on Oct. 18, 2010. Kelly is an Iraq War veteran and was the Tea Party favorite for the 8th congressional district seat. (Joshua Lott / The New York Times via Redux Pictures) Back to slideshow navigation
  15. Rep. Gabrielle Giffords meets with constituents in Douglas, Ariz., in 2010. Giffords, 40, took office in January 2007, emphasizing issues such as immigration reform, embryonic stem-cell research, alternative energy sources and a higher minimum wage. (Reuters) Back to slideshow navigation
  16. Rep. Giffords speaks during a press conference in Washington, D.C., where members of Congress called on the President to secure the border with the National Guard on April 28, 2010. (James Berglie / Zuma Press) Back to slideshow navigation
  17. This picture provided by the office of Rep. Gabrielle Giffords on Monday, March 22, 2010, shows damage to her office in Tucson, Ariz. The congressional office was vandalized a few hours after the House vote overhauling the nation's health care system. (AP) Back to slideshow navigation
  18. Rep. Gabrielle Giffords, D-Ariz., center, gives a tour of Statuary Hall in the Capitol to Shuttle Discovery STS-124 astronauts Mission Specialist Akihiko Hoshide, of Japan, and her husband, Commander Mark Kelly, on Thursday, July 17, 2008. (Bill Clark / Roll Call Photos) Back to slideshow navigation
  19. From right. Rep. Ken Calvert, Rep. Dennis Moore, Rep. Gabrielle Giffords, and Rep. Heath Shuler, attend a House Ways and Means Subcommittee on Social Security hearing on current and proposed employment eligibility verification systems on May 6, 2008. The hearing provided a forum for lawmakers on both sides of the immigration debate, focusing on a system to verify the legal status of workers and job applicants. (Scott J. Ferrell) Back to slideshow navigation
  20. Gabrielle Giffords with U.S. Navy Cmdr. Mark Kelly, a NASA astronaut, at their wedding in Amado, Ariz., on Nov. 10, 2007. Kelly's twin brother, also an astronaut, is a commander on the International Space Station. "We have a unique vantage point here aboard the International Space Station. As I look out the window, I see a very beautiful planet that seems very inviting and peaceful. Unfortunately, it is not," said Scott Kelly of the tragedy that befell his sister-in-law. (Norma Jean Gargasz for The New York Times / Redux Pictures) Back to slideshow navigation
  21. Representatives-elect including Dean Heller, top right, and Gabrielle Giffords, next to Heller, prepare for the freshman class picture for the 110th Congress on the House Steps on Nov. 14, 2006. (Tom Williams / Roll Call Photos) Back to slideshow navigation
  22. Rep. Gabrielle Giffords rides horseback in 2006. In an interview with NPR last year, she recalled working with horses during her adolescence in Tucson. "I loved cleaning out the stalls, and I did that in exchange for riding lessons. And I continue to ride most of my life. And I learned a lot from horses and the stable people ... I think it provided good training, all of that manure-shoveling, for my days in politics ahead." (Reuters) Back to slideshow navigation
  23. A page entitled, "Just do it!" in La Semeuse, the Scripps College yearbook in 1993. The photo at right shows Giffords in traditional Mennonite clothing. That same year, she won a Fulbright award to study Mennonites and other Anabaptist groups in Northern Mexico. Gifford's senior thesis was titled "Wish Books and Felt-Tipped Fantasies: The Sociology of Old Colony Mennonite Drawings." (Scripps College) Back to slideshow navigation
  24. Gabrielle Giffords' senior portrait from the 1993 Scripps College yearbook. Giffords double-majored in Latin American studies and sociology. A Dean's List student, Gifford won several awards during her time at Scripps. (Scripps College) Back to slideshow navigation
  25. Gabrielle Giffords, right, laughs with her mom, Gloria Kay Fraser Giffords, in a photo published in the Scripps College yearbook. Gabrielle received a B.A. in Sociology and Latin American history from Scripps College in Claremont, Calif. in 1993. (Scripps College) Back to slideshow navigation
  26. University High School portrait of Gabrielle Giffords, class of 1988. Dr. John Hosmer, taught history to the future lawmaker. He tells msnbc.com, "Gabrielle sat in the front row. She was inquisitive ... She was a very mature person from the moment she walked in the door." (University High School) Back to slideshow navigation
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  1. Image: US Senate holds hearing on Gun Control
    Jim Lo Scalzo / EPA
    Above: Slideshow (26) Former Ariz. Rep. Gabrielle Giffords
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    Slideshow (45) Mourning follows deadly shooting in Arizona

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