MANASSAS, Va. (AP) — A judge refused Thursday to dismiss one of two death penalty counts against sniper suspect John Allen Muhammad, saying defense claims of a lack of evidence were premature.
Defense lawyers contend that Muhammad cannot be sentenced to death under one of the counts because fellow suspect Lee Boyd Malvo admitted firing the shot that killed a man outside a Manassas-area gas station Oct. 9.
Prosecutors responded that it is irrelevant who pulled the trigger, and that Muhammad is eligible for the death penalty if they can prove he instigated the shooting.