Ginny was my mom's name wrote:
AlmostBQ wrote:
The case was not considered capital murder (eligible for the death penalty) as it did not contain the any one of the necessary aggravating circumstances.
Is Capital murder only murder of a police officer in Virginia? Otherwise what could be more aggravating than the premeditated murder of a 13 year old?
The aggravating factors in a homicide that can make the defendant eligible for conviction of capital murder and thus subject to the death penalty in Virginia are:
The willful, deliberate and premeditated killing of a person in:
1] an abduction
2] a murder for hire
3] while an inmate in custody of the state or local jurisdiction.
4] a robbery or attempted robbery
5] during a rape, attempted rape, sodomy, attempted sodomy or object sexual penetration
6] murder of a law enforcement officer or fire marshal
7] murdering more than one person as part of the same act
8] murdering more than one person in a three year period
9] murdering someone for the purposes of furthering the trafficking of a schedule I or II controlled substance
10] murdering someone for the purposes of furthering an ongoing criminal enterprise.
11] murdering a pregnant woman with the specific intent of causing the involuntary termination of the pregnancy
12] murder of a victim under 14 years of age by a perpetrator 21 years or older.
13] murder committed during an act of terrorism
14] murder of a judge for the purposes of interfering with their official duties
15] murder of a witness under subpoena to testify for a criminal case, when the intention of the killing is to prevent such testimony.
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If David Eisenhauer had been three years older when arrested (21 as opposed to 18) this could have been pursued as a capital murder case. Alas, he was not and the case circumstances don't fit the other aggravating qualifiers.