George Huguely V has a shot at having the first-degree murder charges against him reduced to second-degree or even manslaughter if prosecutors can’t prove Yeardley Love’s slaying was premeditated, experts say.
Criminal defense lawyers have a “floodgate” of mitigating factors they can argue to bring down murder charges, including “a person’s upbringing, mental health status [and] substance abuse issues,” said Jon R. Zug, assistant prosecutor for Albemarle County.
Huguely’s prosecutor, Dave Chapman, needs to prove Huguely committed the slaying and that the slaying was malicious and premeditated to secure first-degree charges and a minimum 20 years-to-life prison sentence, according to Virginia law.
“The evidence that’s known publicly is unclear about the degree of premeditation involved in the matter, which is essential for a first-degree murder and a death penalty case,” said Joe diGenova, former U.S. attorney for the District.
But Lynchburg lawyer Sid Kirstein said, “Premeditation is not a major obstacle if you can show for a single second Huguely thought about [killing Love].”
Barring evidence that Huguely contemplated the slaying, prosecutors will have to prove Huguely had malicious intent the night Love died to land second-degree charges and a five- to 40-year prison sentence. Malice separates second-degree murder from the lesser charge of manslaughter, which carries a one- to 10-year sentence.
Huguely’s attorney, Francis McQ. Lawrence, is expected to claim Huguely lacked malice by arguing the slaying was a “crime of passion” — an irrational reaction stemming from Huguely’s strong feelings for Love, said Richmond lawyer Sharon L. Taylor.
“When you are dealing with domestic relationships … it could be that an individual was so overcome with rage — say, if they walked in on their partner with someone else — that they don’t know what they are doing,” Taylor said.
Charlottesville lawyer Caroline Ayres said Lawrence botched his chances at arguing involuntary manslaughter — for which sentencing is even less severe — by publicly calling the slaying an “accident” and not arguing for temporary insanity.
