Huguely's fate in jury's hands

Jurors in the George Huguely murder trial will begin deliberations this morning after a three-day break from Charlottesville Circuit Court.

The jury will first determine which crimes, if any, Huguely is guilty of, and then deliberate again to decide the range of sentences Huguely would face.

Huguely, 24, has pleaded not guilty to all charges — first-degree murder, felony murder, robbery, burglary, statutory burglary and grand larceny — in connection with the death of Yeardley Love, his ex-girlfriend. Both were fourth-year University of Virginia lacrosse players mere weeks from graduation when Love was found dead in her apartment just after 2 a.m. on May 3, 2010. She was 22 years old.

If convicted of first-degree murder or felony murder, Huguely could face a maximum sentence of life in prison.

First-degree murder requires that the killing be premeditated. Both the prosecution and defense have acknowledged that Huguely drank heavily during the day leading up to Love’s death. According to Virginia code, drunkenness is a defense against first-degree murder because an intoxicated person might not have the mental capacity to plan a killing.

Huguely could be found guilty of felony murder if jurors determine that Love’s death occurred during the commission of another felony. Lawyers have debated the free-market value of Love’s computer, which Huguely took from her apartment and threw in a trash bin, to determine if it was worth more than $200. If Love’s killing was committed in the commission of a felony, then Huguely could be found guilty of felony murder, regardless of intent.

Huguely can be found guilty of second-degree murder if jurors determine that he killed Love and did so maliciously. Second-degree murder does not require premeditation, and could mean up to 40 years in prison.

Defense attorneys arguing the case urged jurors to consider the lesser charge of involuntary manslaughter, which carries a maximum sentence of 10 years in prison. Involuntary manslaughter is a killing that occurs without malice or intent. Both voluntary and involuntary manslaughter carry a maximum sentence of 10 years in prison.

Closing arguments concluded just before 7 p.m. on Saturday evening. Judge Edward Hogshire gave jurors the option to start deliberations that night or to reconvene this morning, the next available court date. Jurors quickly chose to meet at the later date.

Hogshire said he would not hold court on Sunday or Monday, which was Presidents Day. Tuesday was set aside for the grand jury hearing.

Huguely’s trial was delayed late last week when a member of the defense fell ill, and again when improper emails between the defense and several of its expert witnesses surfaced.

Rhonda Quagliana, a member of the defense, communicated with a trio of expert witnesses via email, telling them details of the prosecution’s medical witnesses’ testimony.

During his closing argument on Saturday, Commonwealth's Attorney Dave Chapman described Love’s final conscious moments as “a scene from a horror movie.”

During police interrogation shortly after his arrest, Huguely admitted to kicking in Love’s bedroom door, telling officers that he “just wanted to talk.” He said Love was “freaking out” when he entered her room. She started getting aggressive with him, so he “shook her a little bit,” he told investigators.

Huguely said that he and Love “wrestled” on the floor of her bedroom until he noticed that she had started bleeding. At that point, he told investigators, “I stood up and pushed her on the bed.”

Huguely told investigators that he was in her apartment for less than 10 minutes.

In the defense’s closing arguments, Francis McQ. Lawrence told jurors repeatedly that Huguely’s “intent” was never to rob or physically harm Love.

“It’s an altercation that, coupled with alcohol … resulted in positional asphyxia,” Lawrence told jurors Saturday evening. Huguely’s defense sought to prove that Love, who was discovered in a face-down position on her pillow, was killed not by injuries inflicted by the defendant, but because she was unable to breathe.

In his closing argument, Lawrence said that Huguely took the computer as “an afterthought” and never intended to permanently deprive Love of possession of the machine.

Though seven men and seven women heard the case, two will be chosen by lot as alternates, and dismissed before the start of deliberations today.

Jurors in the case have already been advised on deliberation instructions, and are expected to enter closed chambers to discuss the case shortly after court resumes at 9 a.m.