I think the prosecution is going to feel very strongly about their case and I'm not sure they will offer any such deal. I think the prosecution is going to feel very strongly about their case and I'm not sure they will offer any such deal DNA under the fingernails of a strangulation victim is about as damning as evidence can get. Taken with the rest of the circumstances including his cell phone placing him in the passivity of the crime the witness statement placing his vehicle and a person matching his description at the scene of the crime, this is a very strong and clear case. The only hangup being the validity of how the sample was elicited from him. as long as they determined that it is admissible this case should have a clear outcome. The jury certainly won't care how much he pretends not to know any English JMO
No case is prosecuted unless the prosecution believes they have a strong case. If the D.A. feels there is not enough evidence to convict, there will be no trial.
This is however, far from a "clear case." It is the job of the Defense Lawyer to raise doubt.
Although this guy has already been found guilty in the court of public opinion, he has the right to a fair trial, guilty, or not.
I can raise doubt with all the above statements, and if the Defense Lawyer is doing his job, he will too. If he is charged with Felony Murder, (First degree) the lawyer may get the conviction reduced to Manslaughter. The defendant has pleaded not guilty to the current charges. He hasn't been charged with murder as of yet. This example is based only on what we know so far, and how an Attorney may handle this. Not facts, just an example.
1) He is waiting down the road to meet with Vanessa, because she agreed to meet him. His hood is up because while he is waiting, he decided to check his oil, and while doing so, his phone rang. If phone records indicate no call was made, that's because he was trying to call someone, but didn't enter the entire number, not knowing this yet when the witness drove by, but was waiting for the phone to ring with it up against his ear.
2)Vanessa showed up and consented to sex in the woods. In the moment of Erotic Asphyxiation, things got out of hand, and the structure of her neck was damaged, causing death.
3)The defendant then paniced, and set her on fire, because he was afraid. In doing so, he slipped and fell, breaking her nose.
I am no way suggesting this happened. This is how generally speaking a Defense Lawyer may handle this.
That explains the evidence of him being there, his phone records showing his phone there,why his hood was up, and his DNA under her fingernails.
The doubt has been raised. Now it's up to the Prosecution to prove this to be false. If the Prosecution can't, he is convicted for Involuntary Manslaughter, ( no past criminal history..10-16 months) and Desecrating a Human Corpes (no more than 7 years)
If convicted for the above, this guy could walk in 5 years.
There are only two people that know, what really happened. One is dead, and we are not sure yet how much the other is talking, if he is at all. With the exception of motive, the Prosecution has to prove their case beyond a reasonable doubt.
Another factor will be the report from the M.E. stating cause of death. Was it strangulation, or was she still alive when she was burned?
Another factor will be any of her blood drops that may have been found leading into the woods along the cart path. That may suggest she was punched in the face before being dragged in the woods.
We haven't seen any evidence as of yet. Only MSM reports, and some of those reports have been false.