Under state law, the combination of a rape charge with a premeditated murder charge means the death penalty can be pursued.
A Fairfax County grand jury today indicted a 22-year-old Sterling man on charges of capital murder and rape in connection with the killing of a 17-year-old girl who was abducted while walking to services at the ADAMS mosque.
A grand jury in Fairfax county held up indictments against 22-year-old Darwin Martinez Torres, who was charged with murder after attacking Hassanen and her friends with a baseball bat.
The enraged 22-year-old got out of his vehicle and began chasing the group, eventually catching up to Nabra while armed with a baseball bat, according to cops. The assault came as Hassanen was returning to the All Dulles Area Muslim Society in Sterling with a group of friends. Her body was found in a pond in Loudoun County.
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Police had said previously they were investigating whether Hassanen had been sexually assaulted, but Monday's indictment is the first time that prosecutors brought sex-crime charges of any kind against Martinez-Torres.
Fairfax County Chief Public Dawn Butorac, who is representing, Torres did not immediately respond to a request for comment.
Nabra Hassanen, 17, of Reston, Va. was killed after leaving her mosque in June.. Instead, police have said it was a road rage incident.
During a court appearance last week, deputies had to restrain Nabra's parents when Martinez-Torres appeared before the judge.
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Nabra is believed to have tripped on the hem of her robe as she was running and fell, causing Martinez-Torres to catch her.
"The reason this guy he hit my daughter is because she's Muslim", Nabra's father Mahmoud Hassanen told WAMU. Nabra's mother Sawsan Gazzar apparently threw a shoe at Martinez-Torres during the proceedings.
After the brief hearing ended, about 200 people demonstrated outside under the U.S. flag, calling for "Justice for Nabra".
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