A convicted drug dealer was indicted today on one count of capital murder in the death of a former UCLA basketball player and Fox executive who disappeared in 2012, the Los Angeles County District Attorney’s Office announced.

A superseding Grand Jury indictment unsealed this afternoon charges John Creech (dob 7/22/72) with the special circumstance of lying in wait in the May 2, 2012 murder of Gavin Smith.

Smith, 57, was last seen on May 1, 2012, leaving a friend’s home in Ventura County. Smith’s black Mercedes-Benz 420E was found a year later, on Feb. 21, 2013, at a Simi Valley storage facility connected to Creech. Smith’s remains were discovered last October in a remote area near Acton in northern Los Angeles County.

Creech pleaded not guilty today to the capital murder charge in case BA435207 before Los Angeles County Superior Court Judge James Brandlin. Creech, who is now being held without bail, returns to court on April 27 in Department 102 for pretrial.

Deputy District Attorney Bobby Grace with the Major Crimes Division is prosecuting the case.

The special circumstance makes Creech, who is currently serving an eight-year sentence for sale or transportation of drugs, eligible for the death penalty. Prosecutors will decide later whether to seek death or life in prison without the possibility of parole.

The criminal murder charge filed in January against Creech in case BA433266 was dismissed today.

The case remains under investigation by the Los Angeles County Sheriff’s Department.