The first degree murder verdict is for the fifth murder victim, who actually died in the hospital after the other four were killed. Her murder didn't fit the criteria for the death penalty.The judge still has to sentence the Dodge City brothers on 85 other criminal counts, including one count of first degree murder, rape, robbery and other crimes.
What, she wasn't dead enough?
Thanks. It makes sense. They would not have qualified for the death penalty for the murder of Ms. Walenta here in Maryland.
Here, it's got to be multiple murders in the same "incident" or have some other aggravating circumstance, such as forceable rape, kidnapping, carjacking, etc.. That's why it was considered that John Muhammed (the sniper) couldn't get the death penalty here. The prosecutors would have had to prove that four deaths over a period of hours at different locations qualified as a "single incident". That's why the Atty. Gen. gave them over to Virginia, where they have a much more "inclusive" law.