William McQuain found

Jane McQuain and her son, William, were both found found dead in Montgomery County within weeks of each other. (Family photo)

{ }

The Montgomery County State's Attorney says that the death penalty for the suspect in the alleged murder of Jane and William McQuain "must be considered."

Speaking a day after police found what they believe are the remains of 11-year-old William in Clarksburg, John McCarthy says the death penalty should be considered for his stepfather, Curtis Lopez. He added that he didn't know if the case was eligible for it under Maryland law.

William had been missing since September 30. Montgomery County Police say that the remains were found Tuesday in the area of the 23000 block of Clarksburg Road in Clarksburg.

Police tell ABC7 News they believe the boy was killed at the wooden spot where officers discovered his remains. It's believed the body has been at the location since Oct. 1.

"We're starting to really focus in on the crime scene being the location where we found the body," on officer said.

Meanwhile, the middle school that William attended held a moment of silence for him Wednesday.

"William was our student, our classmate, our team mate, our friend, but most of all a King Middle School Panther,” the Martin Luther King Jr. middle school website said. “As a school, we will miss him."

“I was really, really wishing this baby back home but apparently were not going to be able to get him back home,” said Tamera Seonarian, who coached William’s youth football team.

Counselors will be available at the school all week. Parents were notified of the news through an automated call and a letter.

“Some kids it's just talking. They need to cry and express their feelings. Other kids are expressing themselves through art work, they might sing, some want to talk out loud about what's going on in their minds,” said Dana Tofig of the Montgomery County school district.

Surveillance video shows ‘carefree’ William

Surveillance video from a storage facility in the 13200 block of Wisteria Drive in Germantown from Oct. 1 shows William and his stepfather Lopez going in and coming out of the facility, police say.

Lopez is suspected of murdering William's mother. Jane McQuain was found killed inside their Germantown apartment last week.

In the footage, William appears to be in a playful mood. The clothing William was wearing at the time is similar to the clothing found on the body discovered Tuesday.

“You see William walking around like he doesn't have a care in the world and this is right prior to when the homicide occurred,” said Police Chief J. Thomas Manger.

Anna Mae Smith works at the gas station store and says she served William and Lopez that afternoon. She thinks she may have been one of the last people to see William alive.

“When I got out of the car this morning and came in I looked down the road through there, it feels a little weird … to know some little kid laying down in the woods there, you wish you could have been there to help,” she said.

On the next page: Extradition could be several days away

{ }

Extradition could be several days away

Lopez on Monday waived extradition to Maryland during his first court appearance in North Carolina. Police say it could be several days before he is extradited to Maryland.

The police chief said police are concerned about the safety of the officers who are accompanying Lopez’ transfer to Maryland, and therefore aren’t releasing details of the extradition.

On the day Jane McQuain was found dead, police in Charlotte, N.C., responded to a traffic accident involving McQuain’s vehicle. The driver was 24-year-old Pleshette Caldwell, who claimed to be driving “her boyfriend's mother's vehicle” and stated that the mother's name is Jane, according to police.

She said Lopez returned from out of town in early October driving the black Honda and in possession of a large television.

Police tracked Lopez to an Econo lodge in Charlotte, where they found McQuain’s credit card and a boxcutter knife. In McQuain’s SUV, they found cell phones, chargers, cash and 18 copies of a marriage certificate, according to police documents.

Friends and family of Lopez refused to speak with reporters outside a Charlotte courtroom on Monday.