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.
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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.