The Latest: Prosecutor: No evidence of sex before slaying


BLACKSBURG, Va. (AP) — The Latest on the grand jury meeting in the case of two former Virginia Tech students charged in the death of a 13-year-old girl (all times local):

5:35 p.m.

A prosecutor says a 19-year-old accused of killing a 13-year-old girl will not face the death penalty when he goes to trial because there’s no physical evidence he had sexual contact with her the day she was killed.

Montgomery County Commonwealth’s Attorney Mary Pettitt said in an email Tuesday that prosecutors would have to show David Eisenhauer abducted Nicole Lovell last January with the intent to sexually defile her in order to seek a capital murder charge against him.

Pettitt said prosecutors have no physical evidence there was any sexual contact on the day of her abduction and murder.

Eisenhauer was indicted Tuesday on charges of first-degree murder, kidnapping and hiding the body. He faces up to life in prison. A trial date was set for March.

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3:10 p.m.

Two former Virginia Tech students have been indicted in the slaying of a 13-year-old girl.

Montgomery County Commonwealth’s Attorney Mary Pettitt said a grand jury returned indictments Tuesday against David Eisenhauer and Natalie Keepers, who authorities say plotted to kidnap and murder Nicole Lovell last January.

Eisenhauer was indicted on charges of first-degree murder, kidnapping and hiding the body. Keepers was charged with being an accessory to kidnapping and murder and with helping hide the body.

Trial dates were set Tuesday in both cases for March 2017. Pettitt says Eisenhauer and Keepers both face up to life in prison.

Prosecutors haven’t discussed a possible motive.

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3:15 a.m.

A grand jury is preparing to meet to determine whether two former Virginia Tech students should be indicted in the killing of a 13-year-old girl.

A grand jury in Christiansburg is expected to hear evidence in the case against David Eisenhauer and Natalie Keepers on Tuesday.

Eisenhauer is charged with kidnapping and first-degree murder in the death of Nicole Lovell last January. Keepers is charged with being an accessory to kidnapping and murder and with helping hide the body.

Prosecutors haven’t discussed a possible motive.

A friend of Eisenhauer told The Roanoke Times that Eisenhauer texted him about meeting a girl at a party and later learning she was underage. Bryce Dustin said Eisenhauer feared she would “expose” him and asked if Dustin knew where he could hide a body.

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