A indictment for first-degree murder and several other charges against an 18-year-old Sterling man in the 2009 Lansdowne slaying of William Bennett will stand.
_thumb.JPG) Jaime Ayala |
On Aug. 20, Loudoun County Circuit Court Judge James Chamblin denied a motion to quash the indictment against Jaime Ayala.
Ayala’s attorney, public defender Corrine McGee argued that her client should not have been indicted at the circuit court level because he was not an adult March 22, 2009, the morning of the attack against Bennett and his wife Cynthia.
Cynthia Bennett survived the attack.
Deputy Commonwealth’s Attorney Jim Fisher argued that under 16.1-271 of the Code of Virginia, since Ayala was found guilty as an adult for an offense that happened Feb. 28, 2009, he is considered an adult for anything he is charged with after that initial offense.
In June, Ayala was indicted on charges of first-degree murder, aggravated malicious wounding, animate object penetration, rape and two counts of robbery in the Bennett case.
Ayala did not turn 18 until Jan. 14, 2010, 11 days before he plead guilty to gang participation and assault and battery by mob for a Feb. 28, 2009 attack near the Cascades Community Center.
McGee argued that since Ayala was not convicted of that attack until after the Lansdowne slaying, he should still be processed through juvenile court.
Chamblin agreed with Fisher on the issue, citing Feb. 28 as the date Ayala was an adult in the eyes of the court and “shouldn’t get the benefit of juvenile court.”
On March 26, 2010, Ayala plead guilty as an adult to one count of robbery and one count for using a firearm while committing a felony for breaking e into the apartment on Harbor Hills Terrace in Lansdowne March 27, 2009, forcing the two residents into a room at gunpoint, and taking several items, including a laptop, a video game system and video game accessories.
Ayala is serving a 3-year prison sentence for the Cascades Community Center attack and the Lansdowne apartment robbery.
He faces up to life in prison in the slaying of William Bennett.
McGee said during the Aug. 20 hearing that she plans to file another motion to quash the indictment against Ayala based on the fact that a similar charge was dropped in juvenile court in August 2009 because the Commonwealth did not prove Ayala’s age..
A hearing on that motion is set for 1 p.m. Sept. 30.
Also awaiting trial in the slaying death of William Bennett is Darwin Giovany Bowman, 19, of Annandale. He is charged with two counts of capital murder, two counts of robbery, and one count each of abduction, rape, animate object penetration and aggravated malicious wounding in the case. If convicted of capital murder, Bowman could face the death penalty.
Anthony Rumont Roberts, 21, of Middleburg, has been named a suspect in William Bennett’s death but has yet to be charged. He is serving a prison sentence for burglaries in Middleburg and Leesburg.
Super post there! Comprehensive and well collated material. Thanks for sharing.
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I really hope he gets the death penalty. I want my lights to dim when the bastard is frying. Our legal system is a joke. You are so right.
Our legal system is a joke. The article said, “Ayala is serving a 3-year prison sentence for the Cascades Community Center attack and the Lansdowne apartment robbery.” So a criminal can break into an occupied dwelling, point a gun at people, rob them, and all he gets is 3 years in prison? In my opinion, he deserved at least 20 years for that.
This case is just another example of how law enforcement, as great as they are here in Loudoun, are rarely able to stop a crime while it is happening. William Bennett had a concealed handgun permit, but was not carrying his firearm that morning. There is no telling whether it would have helped him or not, but it is nearly certain that it couldn’t have turned out worse. I wish he would have been carrying that morning and was able to save his own life and prevent the brutal treatment of his wife.
What so many of you fail to see here is the obvious;
1) They committed these crimes with full intent to do the lasting damage that they did, if not more.
2) They deserve to die, period. EVERY ONE of them. Without further abuse of our legal system. When there are lasting consequences that are palpable, people will remember.
3) Filthy pigs that they are, whether legal or illegal, should suffer an equally hideous and painful death, no apologies. This is what the Arizona governor is dealing with on a daily basis. So she should be sued for trying to stop it???
4) And has it not occurred to those of you who ask, that they are still protecting Mrs. Bennett, and rightfully so? Were it your mother, would you want the details all over with everyone knowing how she suffered. Can’t you imagine her trauma and grief???
I think he should be held accoutible and should be eligible for the death pently. Why should we care what he wants. He didn’t think about what his victim’s wanted. I’m sure if he had asked Mr. Bennett he would have perfered not to be murdered. We need to prove a point to these gang bangers and keep them out of our country.
In June, Ayala was indicted on charges of first-degree murder, aggravated malicious wounding, animate object penetration, rape and two counts of robbery in the Bennett case.
Virginia has the “death penalty” for Capital murder, Capital murder consists of killing a person in the process of robbery and rape. Ayala needs to be put to death…PERIOD! Fry his alien butt at Mecklenburg!. If Loudoun County does not take a stand on this…..get ready….you could be the next one!
Just wondering,
Do you really think we need all the gory details? Let this poor woman alone; she’s been through hell and back. The public doesn’t need to read about it.
All we need to know is that this scum doesn’t deserve to walk the earth with good people. Fortunately, VA has the death penalty and he can rot forever. It’s times like this I pray there is a hell.
May Mr. Bennett rest in peace.
Dear Jana Wagoner, why is it you’ll report the legal status of this gang banger, but not the recent DUI case? http://www.loudountimes.com/index.php/news/article/four_injured_in_apparent_dui-related_crash/
This was a brutal, brutal murder…..
Questions: 1. Why did the Loudoun County Sheriff deny there was a rape, when asked at the press conference at the scene?
2. What is ... “animate object”? Please explain this. Absolutely everybody who reads this wonders. Trust that. TELL US WHAT HAPPENED and how it happened! Is ANY explanation to be found in the charging documents?
From the reporter: Countryside resident, the U.S. Supreme Court has ruled it unconstitutional to send someone to death row who was younger than 18 when the crime was committed. For more, read this: http://www.loudountimes.com/index.php/news/article/little_known_laws_lansdowne_case_highlights_details_of_capital_murder/
Why isn’t Ayala charged with capital murder?
From the reporter: Jack, all charged and associated with this case are in the country legally. I’m pretty sure that both Ayala and Bowman have lived here most of their lives, if not all of their lives.
Is Ayala an illegal alien?
All involved in these heinous crimes should get the death penalty!
Absolutely!
I hope that they fry those punks!
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