in December 2002.
Criminal prosecutions Trials in Virginia Before the trial, Chief Moose engaged in a publicity tour for his book on the sniper investigation, including appearances on
Dateline NBC,
The Today Show, and
The Tonight Show. Assistant
Prince William County Commonwealth's Attorney James Willett told
The Washington Post, "Personally, I don't understand why someone who's been in law enforcement his whole life would potentially damage our case or compromise a jury pool by doing this."
Change of venue requests by defense attorneys were granted, and the first trials were held in the independent cities of
Chesapeake and
Virginia Beach in southeastern Virginia, more than from the closest alleged attack (in Ashland, Virginia). During their trials in the fall of 2003, involving two of the victims in Virginia, Muhammad and Malvo were each found guilty of murder and weapons charges. The jury in Muhammad's case recommended that he be sentenced to death, while Malvo's jury recommended a sentence of life in prison without parole instead of a death sentence. The judges concurred in both cases. Alabama law enforcement authorities allege that the snipers engaged in a series of previously unconnected attacks prior to October 2 in
Montgomery, Alabama. After the initial convictions and sentencing, Will Jarvis, the Assistant
Prince William County prosecutor, stated he would wait to decide whether to try Malvo on capital charges in his jurisdiction until the
U.S. Supreme Court ruled on whether juveniles may be subject to the penalty of
execution. While that decision in an unrelated case was still pending before the high court, in October 2004, under a plea agreement, Malvo pleaded guilty in another case in
Spotsylvania County, for another murder to avoid a possible death sentence, and agreed to additional sentencing of life imprisonment without parole. Malvo had yet to face trial in
Prince William County. In March 2005, the Supreme Court ruled in
Roper v. Simmons that the
Eighth Amendment prohibits execution for crimes committed when under the age of 18. In light of this Supreme Court decision, the prosecutors in
Prince William County decided not to pursue the charges against Malvo. Prosecutors in
Maryland,
Louisiana, and
Alabama were still interested in putting both Malvo and Muhammad on trial. As Malvo was 17 when he committed the crimes, he could no longer face the death penalty but still could be extradited to Alabama, Louisiana, and other states for prosecution. At the time of the
Roper v. Simmons ruling, Malvo was 20 years old and was held at Virginia's maximum security
Red Onion State Prison in
Pound,
Wise County. "Muhammad, with his sniper team partner, Malvo, randomly selected innocent victims," Virginia Supreme Court Justice Donald Lemons wrote in the decision. "With calculation, extensive planning, premeditation and ruthless disregard for life, Muhammad carried out his cruel scheme of terror." Muhammad's death sentence was affirmed by the Virginia Supreme Court on April 22, 2005, when it ruled that he could be sentenced to death since the murder was part of an act of terrorism. This line of reasoning was based on the handwritten note demanding $10 million. The court rejected an argument by defense lawyers that Muhammad could not be sentenced to death because he was not the triggerman in the killings linked to him and Malvo.
Execution of Muhammad On September 16, 2009, the circuit court judge Mary Grace O'Brien set an execution date by
lethal injection for November10, 2009. His attorneys petitioned the
U.S. Supreme Court to stay his execution, but it was denied. They also requested clemency from
Virginia Governor Tim Kaine, but this was denied as well. Muhammad was executed by
lethal injection at the
Greensville Correctional Center near
Jarratt, Virginia, on November 10, 2009.
Trials in Maryland In May 2005, Virginia and Maryland announced that they had reached agreements to allow Maryland to proceed with prosecuting charges there, where the most shootings occurred. There were media reports that Malvo and his legal team were willing to negotiate his cooperation, and he waived extradition to Maryland. Muhammad and his legal team responded by fighting extradition to Maryland. Muhammad's legal team was ultimately unsuccessful, and extradition was ordered by a Virginia judge in August 2005. Maryland agreed to transfer Muhammad and Malvo back to the Commonwealth of Virginia after their trials. A date for Muhammad's pending execution in Virginia had been set for November 10, 2009. Malvo pleaded guilty to six murders and confessed to others in other states while being interviewed in Maryland and testifying against Muhammad. Malvo was sentenced to six consecutive life terms without the possibility of parole, but in 2017, his sentence in Virginia was overturned after an appeal. On May 30, 2006, a
Maryland jury found John Allen Muhammad guilty of six counts of murder in Maryland. In return, he was sentenced to six consecutive life terms without possibility of parole on June 1, 2006. On May 6, 2008, it was revealed that Muhammad had asked prosecutors in a letter to help him end legal appeals of his conviction and death sentence "so that you can murder this innocent black man." An appeal filed by Muhammad's defense lawyers in April 2008 cited evidence of brain damage that might render Muhammad incompetent to make legal decisions, and that he should not have been allowed to represent himself at his Virginia trial.
Malvo's testimony In John Allen Muhammad's May 2006 trial in
Montgomery County, Maryland, Lee Boyd Malvo took the stand and confessed to the 17 murders. He also gave a more detailed version of the pair's plans. Malvo, after extensive psychological counseling, admitted that he was lying at the earlier
Virginia trial where he had admitted to being the trigger man for every shooting. Malvo claimed that he had said this in order to protect Muhammad from a potential death sentence, and because it was more difficult to obtain the death penalty for a minor. Malvo said that he wanted to do what little he could for the families of the victims by letting the full story be told. In his two days of testimony, Malvo outlined detailed aspects of all the shootings. Part of his testimony concerned Muhammad's complete multiphase plan. His plan consisted of three phases in the Washington, D.C., and
Baltimore metro areas. Phase one consisted of meticulously planning, mapping, and practicing their locations around the D.C. area. This way, after each shooting they would be able to quickly leave the area on a predetermined path and move on to the next location. Muhammad's goal in Phase One was to kill six white people a day for 30 days. Malvo went on to describe how Phase One did not go as planned due to heavy traffic and the lack of a clear shot or getaway at locations. Phase Two was meant to take place in
Baltimore, Maryland. Malvo described how this phase was close to being implemented but was not carried out. Phase Two was intended to begin by killing a pregnant woman by shooting her in the stomach. The next step would have been to shoot and kill a Baltimore police officer. Then, at the officer's funeral, they planned to detonate several
improvised explosive devices complete with shrapnel. These explosives were intended to kill a large number of police, since many police would attend another officer's funeral. The last phase, Phase Three, was to take place during or shortly after Phase Two, which was to extort several million dollars from the
United States government. This money would be used to finance a larger plan, to travel north to
Canada. Along the way, they would stop in
YMCAs and orphanages recruiting other impressionable young black boys with no parents or guidance. Muhammad thought he could act as their father figure as he did with Malvo. Once he recruited a large number of young black boys and made his way up to Canada, he would begin their training. Malvo described how John Muhammad intended to train boys in weapons and stealth as he had been taught. Finally, after their training was complete, John Allen Muhammad would send them out across the
United States to carry out mass shootings in many other cities, just as he had done in Washington and Baltimore. These attacks would be coordinated and be intended to send the country into chaos that had already been built up after 9/11.
Civil and regulatory actions According to
The Seattle Times in a story which was published on April 20, 2003, Muhammad had honed his marksmanship at Bull's Eye's firing range. The newspaper also reported that Malvo told investigators that he shoplifted the 35-inch-long (89 cm) carbine from the "supposedly secure store." According to U.S.
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) officials, the store and its owners had a long history of firearms sales and records violations and a file 283 pages thick. In July 2003, the ATF revoked the federal firearms license of Brian Borgelt, a former staff sergeant with the
U.S. Army Rangers and owner of Bull's Eye Shooter Supply. Later that month he transferred ownership of the store to a friend and continued to own the building and operate the adjacent shooting gallery. On January 16, 2003, the Legal Action Project of the
Brady Center to Prevent Gun Violence, on behalf of the families of many of the victims of the sniper attacks both in and out of the D.C. area who were killed (including Hong Im Ballenger, "Sonny" Buchanan Jr., Linda Franklin, Conrad Johnson, Sarah Ramos, and James L. Premkumar Walekar) as well as two victims who survived the shooting (Rupinder "Benny" Oberoi and 13-year old Iran Brown) filed a civil lawsuit against Bull's Eye Shooter Supply and
Bushmaster Firearms, Inc. of
Windham, Maine, the gun distributor and manufacturer that made the rifle used in the crime spree, as well as Borgelt, Muhammad, and Malvo. Muhammad, who had a criminal record of domestic battery, and Malvo, a
minor, were each legally prohibited from purchasing firearms. The suit alleged that the dealer could not account for hundreds of guns received from manufacturers in the years immediately prior to the Beltway sniper attacks. It was also claimed that Bull's Eye continued to sell guns in the same irresponsible manner even after Muhammad and Malvo were caught and found to have acquired the weapon there. Bushmaster was included in the suit because it allegedly continued to sell guns to Bull's Eye as a dealer despite an awareness of its record-keeping violations. The case had been set for trial in April 2005; however, the parties settled it before that date. Bushmaster said that it was settled because of escalating legal fees and because of the dwindling amount of insurance money that was left as a result of the case. Bull's Eye contributed $2 million and Bushmaster contributed $500,000 to an
out-of-court settlement. Bushmaster also agreed to educate its dealers about safer business practices. After the settlement was announced,
WTOP radio in Washington, D.C., reported that Sonia Wills, the mother of the victim Conrad Johnson, said her family took part in the lawsuit to send a message rather than collect money. "I think a message was delivered that you should be responsible and accountable for the actions of irresponsible people when you make these guns and put them in their hands," she said.
Memorials ' Reflection Terrace was built in the fall of 2004 in memory of the snipers' victims A memorial to the victims of the D.C. area sniper attacks is located at
Brookside Gardens in
Wheaton, Maryland. An additional memorial was constructed in 2014 in the government plaza of
Rockville, Maryland. ==In popular culture==