Lawyer Weighs in on Prospect of Death Penalty for George Huguely - WSET.com - ABC13

Lawyer Weighs in on Prospect of Death Penalty for George Huguely

One of many questions in the case against UVA student George Huguely is whether prosecutors seek the death penalty for him.

The 22-year-old is charged with killing fellow student Yeardley Love.

Mat Staver, Dean of Liberty University's School of Law, says of the 15 offenses that define capital murder in Virginia, only the one involving robbery fits this case.

Police say Huguely took Love's laptop and then told them where to find it.

Staver says if prosecutors prove that, they'll still have to prove one of two conditions for a death sentence. Those are- does the defendant have a prior violent record or was the offense outrageously vile?

"You definitely have the emotional side to it. He actually, physically, with his hands, bashed her head against the wall. I think that vileness elevates it to one that would be considered for capital punishment," Staver said.

There's more grey area here. Staver says due to reports of Huguely being at a bar before the incident... his level of intoxication may be a factor.

Local law enforcement agencies could soon have to report criminal activity of students to their schools, but how will they do it logistically?

Governor Bob McDonnell met with UVA president John Casteen to discuss the proposed law. Huguely had a couple of previous incidents on his record.

Capt. Todd Swisher with the Lynchburg Police Department says officers believe communication is very important. But they want to know - how do they gather that information during an arrest?  What if the student lies? And what type of criminal activity would need to be reported?

"Here we have a drunk in public arrest and resisting arrest but does that necessarily equate to or predict this type of behavior in the future, that's a difficult question," Swisher said.

Another question is how much this will cost the state.