Murder charge downgraded against Louisa man

Unexpected information from an unforeseen source convinced Albemarle County prosecutors to reduce a capital murder charge against a Louisa County man to first-degree murder.

Daniel Dove, 28, is charged in the Sept. 30 shooting death of 17-year-old Emilio Morales at Autumn Hill Apartments on Commonwealth Drive. The capital murder charge Dove faced was reduced Monday based on new information, according to Assistant Commonwealth’s Attorney Darby G. Lowe.

Lowe told Judge Dwight D. Johnson in Albemarle Juvenile and Domestic Relations Court that the information came while police interviewed witnesses in December for an unrelated incident.

“Upon review of the information, the commonwealth’s attorney decided that capital murder was not indicated and that the charges should be first-degree murder,” Lowe told the court.

Based on the information, investigators conducted new interviews with witnesses, assisted by a court-appointed Spanish interpreter. The interpreter then left the country for the holidays before translating the interviews.

A bilingual officer with the Albemarle County Police Department reviewed the statements and gave the prosecutors “the gist” of the comments, Lowe told the court.

Lowe said the prosecutor will have the interviews translated and provide full transcripts to Dove’s attorneys.

Dove is charged with malicious wounding, attempted robbery and use of a firearm in the commission of a felony, as well as first-degree murder.

“The change from capital murder to first-degree murder does not reflect on the facts of the case, nor our ability to prosecute [Dove],” said Denise Lunsford, Albemarle County commonwealth’s attorney. “The change simply reflects information that indicates that capital murder is not the correct charge. We want to assure that the defendant is treated fairly.”

Capital murder involves willful, deliberate and premeditated murder in the commission of a variety of “heinous crimes,” including abduction, robbery, rape and other circumstances such as the killing of a police officer, judge, juvenile or pregnant woman. Convictions may carry a prison sentence of life or the death penalty.

First-degree murder is a killing committed willfully, with malice, deliberation and premeditation. It carries a prison sentence of up to life in prison.

According to authorities, a man showed up at Morales’ apartment around 11:20 p.m. Sept. 30 and got into a fight. The man shot Morales and two other men before leaving, police said.

Authorities identified Dove as a suspect and he was arrested Oct. 21 in Hyattsville, Md., after police picked up one of his associates.