OK, gonna make a try at the bolded item myself. I have been confused about this since the prosecutor said in article linked last night that she was continuing to consider whether to pursue the capital offense angle -- while at some point earlier in these threads, from some information another poster provided, I had gotten the impression that DE/NK would not be death-penalty-eligible because they are both under the age of 21. On doing a little research myself, I believe the capital murder qualification to which that poster was referring was this one (and all the stuff I'm going to quote is available at the link at the end of this post):
I (who am not a lawyer, so just my regular old opinion) read this as saying that, in Virginia, NK and DE are not death-penalty-eligible under THIS item, because of their ages.
There are, however, a number of other capital murder definitions/qualifications that could possibly apply here that DO NOT make any mention of a specific age range disallowed for defendants. One I would think COULD (possibly) be in play here:
There are other possibilities at the link -- but of course, IMO, we (the public) do not have enough information about the specifics of this case yet to make even an educated layperson's guess, really, at which, if any, of those listed will apply.
But I do now understand, at least, why the prosecutor can still be "considering" the question.
http://law.lis.virginia.gov/vacode/18.2-31/