The jury deciding the fate of Carmela Dela Rosa will determine whether she is guilty, not guilty or not guilty by reason of insanity of charges of first- and second-degree murder.
Dela Rosa is on trial in Fairfax County Circuit Court for the November 2010 death of her granddaughter, 2-year-old Angelyn Ogdoc, who died after Dela Rosa tossed her from a sixth-floor pedestrian walkway at Tysons Corner Center. She is presenting an insanity defense.
Dela Rosa’s attorney, Dawn Butorac, unsuccessfully argued Wednesday morning that the jury should also be instructed to consider involuntary manslaughter.
But Judge Bruce White ruled that there is no evidence that was performing a lawful act in an unlawful or negligent manner, the standard for the manslaughter charge.
Virginia code defines first-degree murder as a “willful, deliberate, and premeditated killing.” All other killings are considered second-degree murder. The maximum sentence for a first-degree murder conviction in this case is life in prison; the second-degree charge carries a maximum penalty of 40 years in prison.
The defense rested its case Tuesday and closing arguments are expected to take place Wednesday.
