Soulmagent
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If they go for the DP, they would need one or more of these. I hope they have a lot.
Virginia - First-degree murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31).
http://www.deathpenaltyinfo.org/crimes-punishable-death-penalty
Link defining the codes 15 aggravating circumstances
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-31
Well according to your link seems RAT might have hung himself with the talk of the "drug deal"
9. The willful, deliberate, and premeditated killing of any person in the commission of or attempted commission of a violation of § 18.2-248, involving a Schedule I or II controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of such violation;