E.L.D. Cornerstone.  Life in words & pictures

May 7, 2015

The man accused of abducting and killing University of Virginia sophomore Hannah Graham last fall will now face a charge of capital murder in the case, meaning that if he is convicted he could face the death penalty.

Jesse L. Matthew Jr., 33, had been charged with first-degree murder in Graham’s slaying, and the charges were upgraded at a court hearing in this college town on Tuesday. Homicides in Virginia can be charged as capital murders when there are allegations of aggravating factors, including abduction or sexual assault.

Graham, 18, of Fairfax County, Va., went missing in September from an outdoor mall near the U-Va. campus, and Matthew was the last person seen with her. Her body was found in a wooded area about 10 miles from campus weeks later, and Matthew was charged with her killing.

Authorities have alleged that Matthew abducted Graham “with intent to defile,” indicating that police believe he intended to sexually assault Graham.

Albemarle County Commonwealth’s Attorney Denise Lunsford initially did not seek a capital murder charge, saying she made that decision after consulting with Graham’s family and weighing the impact on the community.

Matthew also is facing charges related to a sexual assault from nearly a decade ago. He is awaiting trial on charges that he attacked and attempted to kill a woman in Fairfax City in 2005; authorities have said that they found Matthew’s DNA under one of the victim’s fingernails.

Graham, a U-Va. sophomore who graduated from West Potomac High School, disappeared after a night out in Charlottesville on Sept. 12. Police said she had been socializing with friends earlier in the night but left the group with plans to meet up with them later. She never showed up and apparently became disoriented while walking through Charlottesville.

Police said witnesses saw Matthew with his arm around Graham at a downtown mall about 1 a.m. Sept. 13, and surveillance video recordings show the two walking together. Witnesses also saw the two together outside a restaurant, the last reported sighting of Graham.