Ethan's mother, Stephanie Sloop, is also charged with aggravated murder. However, prosecutors have not filed a death penalty notice in her case.
On Friday, Davis County Attorney Troy Rawlings had no comment on the notice. His office had until Dec. 14 to file the notice, after Sloop's attorney agreed to an extension of the 60-day deadline. Nathanael Sloop, 33, is charged with first-degree felony capital murder, 2nd-degree felony obstructing justice and intentionally inflicting serious injury on a child and third-degree felony desecration of a dead body.
The couple is accused of abusing Ethan between April 29 and May 8, 2010, shortly after the boy came from Virginia to stay with them in Layton for the summer. The Sloops initially reported him missing, but his body was found on May 11, wrapped in garbage bags and tape, near Powder Mountain in Weber County.
Nathanael Sloop pleaded not guilty and waived a preliminary hearing in July. He will be back in court on Tuesday, Dec. 11 for a pre-trial conference. Stephanie Sloop will be back in court on Friday, Dec. 14.