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I'm unsure of the exact reason they are seeking the DP. Can somone advise me? It could be the combination of crimes. A death as the result of committing a felony rape. There is also a B&E, assault with a deadly weapon, the rock, etc.
Colon Willoughby (Wake County District Atty) spoke about this, and he said it was the combination of crimes that made it eligible for the DP, but he added that they also look at the victim -- he said something like, "was the victim just sitting at home minding his/her own business, or shopping at the grocery store at the time of the crime," etc.
But all the DT needs is that one jury to pity that man, and it's hung. I assume they also will have 2nd Degree Murder as an alternative finding of guilt for JW as well... it's fairly typical these days -- judges often add it to avoid an overturn by appeal if it's not there.