GONZALES - Ascension Parish District Attorney Ricky Babin said his office filed paperwork Wednesday seeking the death penalty against Dakota Theriot.

Theriot is accused of killing his parents in Ascension, as well as killing his girlfriend, her brother and her father in Livingston Parish. Livingston prosecutors are seeking the death penalty too.

"It is rare," Babin acknowledged.

Death penalty cases in Louisiana do not happen often. The lethal injection drugs needed to carry out the sentences for those condemned to death have not been available to state leaders trying to get their hands on them. The last person to be executed in Louisiana was Gerald Bordelon. Bordelon waived all of his appeals, and a death warrant was signed and carried out in 2010.

"We're questioning why other states are having access to these drugs, but not us," Babin said. "Texas has made executions since this came up... or Virginia I believe. It may just be the will of what you have to do to get it to make it happen."

Babin said the heinous nature of the crime Theriot committed fits the penalty that his office is seeking. He said a decision was made to seek the death penalty after speaking with the victims' family.

"I think every DA would agree if you are going to have it, have it," Babin said. "Don't have the eligibility for the death penalty. The victims know he's eligible. They make the decision to go that long, hard route and then to put up the impediments along the way to not let it happen, just tell us it's not available and move on."

The Louisiana Department of Corrections said there are no active death warrants that have been signed at this time, and the state has been unable to get the lethal injection drugs. Currently, there are 70 people on death row.