A North Carolina inmate who authorities said stole a jail officer's gun and killed him with it during an ill-fated escape attempt could face the death penalty .

Kelvin Simmons, 48, was charged with first-degree murder in the death of 56-year-old Francisco Flattes, and court records show it is now a capital case. That means Simmons could be eligible for the death penalty, though the last person executed by the state of North Carolina was in 2006, according to the state Department of Adult Correction .

Simmons also faces federal charges. On Oct. 7, an indictment was handed down charging him with first-degree murder, attempted carjacking resulting in death, escape, and carjacking, among other things.

As Law&Crime previously reported , the suspect was in jail on bank robbery charges on June

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