The amateur photographer charged with the murder of 17-year-old Virginia Commonwealth University freshman Taylor Behl will not face the death penalty after prosecutors changed the charges to second-degree murder.

The original indictment against Ben Fawley charged him with first-degree murder while committing another felony such as rape, sodomy or abduction, which meant Fawley could have faced the death penalty if convicted.

In a court hearing last week, Fawley's attorneys argued that the indictment was in error because it offered more than one option as to how Behl died. As a result, Commonwealth Attorney Jack Gill agreed to change the language of the indictment to charge the 38-year-old with second-degree murder instead.

Bill Johnson, Fawley's court-appointed attorney, also filed motions asking the court to pay for a private investigator and computer experts to assist with his defense. Hearing will be heard on those motions later.

Fawley's trial is schedule to begin May 30.

See Also:
Death Penalty Not Possible In Taylor Behl Case

Background:
The Murder of Taylor Behl
Friends of Taylor Behl

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