Washington technically has the Death Penalty, but the governor has put a sort of moratorium on it for a few years.
It could be upgraded to Aggravated 1st degree murder (and I think it will). Here is a link to the RCW regarding it:
http://apps.leg.wa.gov/rcw/default.aspx?cite=10.95.020
Specifically, if they prove rape or another felony, I believe it will be upgraded. here is the specifics on what could constitute Agg. 1st degree murder (more at the link):
11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;