WUSA 9’s Peggy Fox recently interviewed Mr. King about the allegations against Darwin Martinez Torres who is charged with the murder and abduction of Nabra Hassenen. Ms. Fox inquired how any evidence of sexual assault, if uncovered by investigators, could affect the case. Mr. King indicated that if there were evidence of sexual assault, the charges could be elevated to capital murder. Virginia’s capital murder statute, code 18.2-31(5) allows for prosecutors to seek the death penalty for a defendant charged with first degree murder in the commission or subsequent to rape. Prosecutors also may seek the death penalty in cases of willful, deliberate and premeditated murder in the commission of abduction with intent to defile. Va. Code 18.2-31(1).
