DALLAS — After the doors to trucker James Matthew Bradley Jr.'s sweltering tractor-trailer were finally thrown open in the parking lot of a Wal-Mart in San Antonio, 10 people would be found to have died as a result of their harrowing ride inside.

Now, in the wake of Bradley's arrest, the question for federal prosecutors looms: Should they seek the death penalty over the egregious case of human smuggling?

The crime is one of 40 offenses under federal law that potentially carry the death penalty. But even though Richard Durbin, the U.S. attorney for the Western District of Texas, has refused to say whether he'll seek the punishment, former prosecutors who have stood in his shoes say it's unlikely.

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