Robert Durst Death Penalty Now On the Table Charged with Murder One

3/16/2015 5:04 PM PDT

Robert Durst -- Death Penalty Now On the Table ... Charged with Murder One

Breaking News

Robert Durst has just been charged with first degree murder for the killing of Susan Berman ... and he could get the death penalty.

The L.A. County D.A. has charged Durst with first degree murder with special circumstances ... murder of a witness and lying in wait.

At the time of Berman's murder in 2000 ... she was planning to talk to NY investigators about the disappearance of Durst's wife Kathie. The HBO documentary "The Jinx" described Berman as a close confidant of Durst and his mouthpiece.

Prosecutors say they've been working on the case for 2 years, which reinforces what we're hearing ... the producers of "The Jinx" have helped authorities nab Durst.

Prosecutors will decide later whether or not to seek the death penalty.