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typically speaking, all murder is presumed to be second degree murder,” Stone said. “Unless the government can prove beyond a reasonable doubt, premeditation and malice.”
“But as they continue with their investigation, if they develop more evidence that suggests that one or more of these individuals engaged in a premeditated act, willful, deliberate and premeditated,” Stone added. “The government can enhance the charge to first-degree murder, which is as serious as it gets in Virginia.”
Charges could also be reduced.
“It all depends on what the evidence is,” Stone said. “You know, if as a lawyer, I find out that one of these people was perhaps just there, but not actually participating, then I’m going to be trying to convince the prosecutor to reduce the charges against that person. On the other hand, mere presence or being present when something like this is occurring can make you still equally guilty.”
The sheriff’s office have said McComber’s personal items believed to be in his possession at the time he went missing were found in Mayfield’s home. McComber’s missing truck, found in Virginia Beach, was also said to have “yielded valuable investigative leads” in “identifying those believed to be responsible.”
It’s also unknown how these suspects may be involved in the homicide of another woman whose body was found near McComber’s. That woman has not been identified, but police say they believe the cases to be connected.
“I would say certainly identification is going to be important, but it goes even beyond identification,” Stone said. “They have to prove that an individual was involved in causing the death of that person.”
Court records say neither Mayfield, Pettaway or Phillips have an adult criminal record. Paperwork for bail determinations says none of them are alleged to have used a firearm in this crime.
“But as they continue with their investigation, if they develop more evidence that suggests that one or more of these individuals engaged in a premeditated act, willful, deliberate and premeditated,” Stone added. “The government can enhance the charge to first-degree murder, which is as serious as it gets in Virginia.”
Charges could also be reduced.
“It all depends on what the evidence is,” Stone said. “You know, if as a lawyer, I find out that one of these people was perhaps just there, but not actually participating, then I’m going to be trying to convince the prosecutor to reduce the charges against that person. On the other hand, mere presence or being present when something like this is occurring can make you still equally guilty.”
The sheriff’s office have said McComber’s personal items believed to be in his possession at the time he went missing were found in Mayfield’s home. McComber’s missing truck, found in Virginia Beach, was also said to have “yielded valuable investigative leads” in “identifying those believed to be responsible.”
It’s also unknown how these suspects may be involved in the homicide of another woman whose body was found near McComber’s. That woman has not been identified, but police say they believe the cases to be connected.
“I would say certainly identification is going to be important, but it goes even beyond identification,” Stone said. “They have to prove that an individual was involved in causing the death of that person.”
Court records say neither Mayfield, Pettaway or Phillips have an adult criminal record. Paperwork for bail determinations says none of them are alleged to have used a firearm in this crime.
