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Cuccinelli challenges Va. sodomy ruling

Att’y gen’l asks appeals court for re-hearing of case

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Ken Cuccinelli, Virginia, gay news, Washington Blade
Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

Virginia Attorney General Kenneth Cuccinelli is challenging a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)

Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.

The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.

A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General’s office filed the petition on Cuccinelli’s behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.

“We certainly hope they won’t,” said Claire Gastanaga, executive director of the ACLU of Virginia, which filed a friend of the court brief urging the three-judge panel to overturn the state sodomy law.

“We think it’s a situation in which everybody agrees that the statute is unconstitutional,” Gastanaga told the Blade.

Greg Nevins, an attorney with the LGBT litigation group Lambda Legal Defense and Education Fund, which joined the ACLU in filing the friend of the court brief calling for overturning the Virginia sodomy law, said requests for en banc hearings are turned down most of the time.

He quoted a federal appeals court rule as stating, “Although petitions for rehearing are filed in a great many cases, few are granted.”

Caroline Gibson, a spokesperson for Cuccinelli, told the Blade in an email that Cuccinelli believes the dissenting judge on the three-judge panel was correct in stating the Lawrence decision applies only to sex between consenting adults in private and doesn’t apply to cases involving a minor. The case in which the three-judge panel of the 4th Circuit Court of Appeals overturned the Virginia sodomy law involved a man charged with soliciting oral sex from a 17-year-old woman.

“We believe the panel decision was erroneous, and that the dissent correctly concludes that the petitioner was not entitled to federal habeas corpus relief, Gibson said, referring to the court’s decision to overturn the man’s conviction under the sodomy law. “So the full court should have the opportunity to decide this matter,” she said.

“Like most people, we think the court made the right decision,” said James Parrish, executive director of the LGBT advocacy group Equality Virginia.

“We think what needs to happen is the General Assembly needs to remove the current sodomy law that has been declared unconstitutional,” he said.

Parrish said Equality Virginia wouldn’t object to a careful revision by the legislature of the state’s criminal code to allow for continued prosecution of offenses such as sex with minors.

“What we’re saying is we agree with the court ruling that, in this case, the law was used unconstitutionally. The best course of action would be for the General Assembly to address that, just like they did with the cohabitation law that they took off the books this year,” he said.

“We think that’s a better recourse than the Attorney General filing another appeal and diverting precious state resources on an issue that the General Assembly should address because the court made the correct ruling on March 12,” Parris said.

Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, said he is looking into the issue and the possibility of introducing legislation to address it.

“I’m reviewing this and will consider introducing a bill next year to repeal the Virginia Crimes Against Nature law for consenting adults,” he told the Blade.

The March 12 ruling of the appeals court’s three-judge panel overturned a lower court decision upholding the conviction of a 37-year-old man charged in 2005 with soliciting a 17-year-old woman to engage in oral sex. No sexual encounter took place, records show.

The Attorney General’s office argued that the Supreme Court’s Lawrence decision didn’t apply to cases involving minors. But 4th Circuit Appeals Court Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statue “facially” or completely unconstitutional.

He stated other laws could be used to prosecute an adult for engaging in sex with a minor and that the Virginia General Assembly would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.

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42 Comments

42 Comments

  1. Jerry Blackburn

    April 3, 2013 at 3:43 pm

    Crime against nature? That's funny because over 1500 animal species naturally exhibit homosexuality from pair-bonding to parenting. It is brain damaged people like Cookoo-nelly that are a crime against nature. http://en.wikipedia.org/wiki/List_of_animals_displaying_homosexual_behavior

    • Kìng Samolas Stormhold

      April 3, 2013 at 9:17 pm

      No, it's completely uneducated people like you and the wikipedia community of homosexual animals that don't understand that animals do not exhibit homosexuality.

      First, animals do not have sex for pleasure. Yes, an animal can gain some sort of pleasure through sex, but sex is not an act that animals do for fun. They do not have mental sexual development. They turn about a year old, and some male knocks them up. Using nature to defend homosexuality is broken, because grandparents have sex with their grandchildren all the time. A male responds to female mating ques, and deposits semen into a female.

      Second, every single case of "homosexuality" that you speak of is either a fluke or a means to an end. There are explosive breeders that will mount anything that moves, including fallen logs. The males of these species have release calls to say "Hey, I'm a dude, get the hell off of me." Which they utilize EVERY SINGLE TIME. There is also a species of wasp that you idiots would say is homosexual. Wrong again. The males of this species create a gift to give to female wasps. Smaller males, instead of making lesser gifts and mating with lesser females, will pretend to be a female in order to steal the male's gift, escaping long before any penetration happens.

      Third, let's talk about your stupid gay penguins you people like to rally behind. Male penguins sit on eggs. It's not because they are gay. It's because that's what they do. They sit on eggs in a gigantic group of other men, together, in a giant mass of men. Zero of these penguins are gay.

      Fourth, males mounting other males in nature almost never leads to penetration, is absolutely HATED by the male being mounted, and is usually done in dominance or on accident because of castration confusion.

      So at the very most, I'll give you and the other art majors that moderate the list of homosexual animals page rape.

      It's completely natural for men to rape other men on accident or in a show of dominance.

      Animals are not gay.

    • Kìng Samolas Stormhold

      April 3, 2013 at 9:19 pm

      But why listen to people who are doing the current day research in animal ecology and behavior, someone like me who actually has a degree in this kind of thing.

      I'll say it again. Animals are not gay. Biologically the ONLY goal of an animal is to pass along its genetic code. Homosexual animals would be literally and figuratively laughed out of the gene pool. Stop using nature as another bad argument for your standardless views.

    • Harry Baer IV

      April 3, 2013 at 9:44 pm

      Kìng Samolas Stormhold: One who purports to be a scientist should check one's facts prior to positing sweeping statements. Moreover, if one is a good scientist, one hedges – because a good scientist always knows that he has not encountered every possibility.

      Regarding animal sexuality, it is impossible to state that animals do not mate for pleasure. That is a myth that was debunked in the 2006 Danish Animal Ethics Council report. Why WOULD anyone listen to you, when your "facts" are provably nonfactual?

    • Mike Parido

      April 3, 2013 at 9:45 pm

      Kìng Samolas Stormhold, you may want to take a look at this. It is from a "news" outlet that I'd bet you trust.
      http://www.foxnews.com/story/0,2933,572326,00.html

    • Harry Baer IV

      April 3, 2013 at 9:53 pm

      Mike Parido: LOL!

      "King" (snicker): For even more scientific data (and see, I corroborate with peer-reviewed articles, something every scientist learns to do in his or her undergraduate education):

      http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2714225/

      Hope the terms aren't too technical for you.

    • D.c. Wilson

      April 3, 2013 at 10:07 pm

      King, you wouldn't have to have a source for your claim, would you?

    • D.c. Wilson

      April 3, 2013 at 10:07 pm

      King, you wouldn't have to have a source for your claim, would you?

    • Rick Loesser

      April 3, 2013 at 10:30 pm

      King Samolas Stormhold (if that is your name) your display of ignorance is truly breathtaking. Keep the conservative faith bro!

    • Kimberly Mckay

      April 4, 2013 at 6:44 am

      So King supposedly has a degree in animal ecology? I guess that explains his fascination for Pokemon..

    • Brenda Bloom

      April 4, 2013 at 12:17 pm

      King… you sir are an idiot!!! lol

    • Marco Mirenzi

      April 4, 2013 at 4:39 pm

      Kìng Samolas Stormhold You're 100% incorrect, the Bonobo monkey (just for one example) ABSOLUTELY has sex for pleasure. It's irrefutable. And you're a bigot and a moron.

  2. brian

    April 3, 2013 at 12:09 pm

    Don’t get mad. Get even. Support Terry McAuliffe for Governor.

    http://www.washingtonblade.com/2013/02/22/mcauliffe-endorses-same-sex-marriage/

  3. Mark Dammann Ungemach

    April 3, 2013 at 4:14 pm

    Has he nothing better on which to focus?

    • Scott Rose

      April 3, 2013 at 6:00 pm

      Your last name is really "Ungemach"?

    • D.c. Wilson

      April 3, 2013 at 10:05 pm

      He must have run out of climate scientists to persecute.

    • D.c. Wilson

      April 3, 2013 at 10:05 pm

      He must have run out of climate scientists to persecute.

  4. Mark Sutton

    April 3, 2013 at 5:34 pm

    Virginia just took the cohabitation law off the books last year? Good grief, I thought they did that in the mid '60's! Well, I guess that is pretty quick, considering it is Virginia. Maybe they will be a bit faster on this one–perhaps 3 or 4 years?

  5. Epicurus

    April 3, 2013 at 3:35 pm

    The GOP; minding other people’s business for over a century. Hey, Cooch, why don’t you stop the panty-sniffing? Does it really bother you so much that other people might be having more fun than you? This idiot would make the Puritans blush, he’s just an embarrassment. Way to go, Virginia!

  6. bayhuntr

    April 3, 2013 at 4:48 pm

    These evangelical men think more about butt sex then gay people do.

  7. Cathie Gorman Freeman

    April 3, 2013 at 9:03 pm

    Oh my, next thing you know he's going to try to undo VA v Loving! That'll be a hoot but not out of the realm of belief.

  8. Eli Rivera

    April 3, 2013 at 9:46 pm

    what's up with the Cuch! since he has taken office he seems way to interested in demonstating his distaste for the gay citizens of the state or anything to do with Barack Obama.Why waste your time in beating dead horses.Why can't these people work on things like building Police and public safety infrastucture to include real policy and enforcement plans.Why waste everybody's time and the states energy on questionable morality witchhunts whose only purpose seems to be made for television mini-series featuring The Cuch coming down the mountain carrying stone tablets with the eleventh scrawling saying elect the Cuch to govenor.

  9. Glen Ashman

    April 3, 2013 at 11:40 pm

    Virginia's attorney general needs to be disbarred.

    In 2003 the US Supreme Court in Lawrence v. Texas, invalidated sodomy laws in the fourteen states (Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Missouri, Mississippi, North Carolina, Oklahoma, South Carolina, Texas, Utah, and Virginia).

    Since he's had 10 years to read that, I hope the judge he appears in front of fines him for wasting the court's time and turns him into the state bar. There is no excuse for that type of idiot practicing law.

  10. Thomas Irvin

    April 4, 2013 at 3:47 am

    Don't be so quick to think this is just another out-of-touch Republican (though perhaps he is on other issues). The attorney general here is trying to find a way to use this now-unconstitutional Virginia law to prosecute a dude for propositioning a minor (a 17-year-old in this case). If it had been standard intercourse they could presumably call it statutory rape, but apparently Virginia doesn't include oral sex in with statutory rape. So the AG here is arguing that Lawrence v. Texas, the Supreme Court case that invalidated all these sodomy laws, addressing as it does consenting adults, should only apply to consenting adults.

    Basically the Virginia legislature needs to expand their definition of statutory rape to protect minors from creepy old dudes looking for a BJ, but since they haven't yet done so, the AG would like to find a way to prosecute this guy anyway. And that's not such a bad thing, and it wouldn't affect any adult's right to engage in whatever sex acts they enjoy.

    • Angie Rayfield

      April 4, 2013 at 7:58 pm

      Except he still wouldn't be able to prosecute this case – prosecution would have to be on the basis of the state of the law at the time of the offense. Nothing he does would make this a prosecutable case. If he wants to prosecute such cases in the future, then he needs to quit wasting time like this and work towards getting the current laws regarding conduct with a minor changed to include oral sex. He could have already gotten that accomplished in the time he's spent piddling around with this.

  11. Shannon Martinez

    April 4, 2013 at 4:12 am

    I don't know what to say about this. I can't help but feel that Cuch is wasting his time and making his state more patehtic. 17 year olds are in high school possibly having sex with each other. So the 37 year old was being a creep.

  12. Whatevia Santiago

    April 4, 2013 at 4:30 am

    If this type of activity is made illegal, what will I give my husband for his birthday from now on?

    • Francisco Moncaleano

      April 4, 2013 at 7:03 am

      As long as no one gets hurt what happens in my bedroom is private! Between consenting adults. 17? questionable. Creepy guys? All over the place old and young.

      Unfortunately most likely what this guy is against is what he is doing. George W. anti drug? hmmm coke and alcohol when he was in his twenties-thirties. Whenever someone is so vehement against something I stop to wonder if they have done it in the past or are currently doing it.

  13. Youngstown Pflag

    April 4, 2013 at 3:27 pm

    'Crimes against nature'! What about the crime of 'clear-cutting', of 'mountaintop removal', of the endless polluting and destroying of our natural environment? Global warming… there's a world-ending crime against Nature right there that no one is doing anything about! Yes, I agree, let's put a stop to crimes against nature…before it's too late and the planet dies. As for consenting adults sexually stimulating each other for pleasure… c'mon, give me a break!

  14. Belinda Paysinger

    April 17, 2013 at 2:58 pm

    Why isn't this guy concerned about jobs? Does he think good governance, is related to an individual's sexual habits?

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D.C. police seek help in finding missing gay man

Rick Woods last seen in Georgetown on July 14

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Richard G. ‘Rick’ Woods, 65, was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

D.C. police have issued an announcement asking the public for help in finding Richard G. ‘Rick’ Woods, 65, who was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

Friends who know Woods, who is gay, say he has operated for many years an antique wood furniture restoration business at various locations in D.C. The most recent location of his business, according to an online listing, has been at 1408 Wisconsin Ave., N.W., a short distance from where he was last seen. 

The police announcement says Woods was reported missing to police on Friday, July 23, but the announcement doesn’t identify the person who reported him missing.

 “Richard G. Woods is described as a white male, 6’O” tall, 210 pounds, with brown and gray hair and brown eyes,” the police announcement says. “His clothing description is unknown,” according to the announcement.

The announcement says the case is being investigated by the department’s Youth and Family Services Division. Anyone with information about Woods’ whereabouts is asked to call the division at 202-576-6768 or to call the police Command Center at 202-727-9099. 

“Rick is known by many in our community,” said John Fanning, a Logan Circle Advisory Neighborhood Commissioner and longtime local LGBTQ rights advocate. “He’s owned an antique wood restoration business for years,” according to Fanning, who said he and others who know Woods are hopeful that he will be found soon and unharmed. 

A D.C. police spokesperson said the police incident report for the Woods missing person case wasn’t immediately available.

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Two injured in gunfire outside crowded 14th Street restaurants

Witnesses say 20 shots fired near Blade, Whitman-Walker offices

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Police are looking for three suspects in connection with Thursday’s shooting.

D.C. police are seeking the public’s help in identifying at least three suspects involved in a shooting in which two men were wounded shortly after 8 p.m. on Thursday, July 22, on the 1700 block of 14th Street, N.W. where the offices of the Washington Blade and Whitman-Walker Health, the LGBTQ supportive health center, are located.

The shooting occurred while dozens of people were dining at restaurants along the bustling street in the heart of the city’s Logan Circle nightlife area.

Police released a video showing two men – one wearing a white hooded sweater or sweatshirt and the other wearing a dark colored similar hooded shirt running along the street and entering the front and rear passenger doors of a black car double parked on the street that police described as an older model Honda Civic with D.C. license plates.

The video shows the car driving away at a fast speed with a third person driving the vehicle.

“Detectives from the Metropolitan Police Department’s Third District seek the public’s assistance in locating suspects and a vehicle in reference to an Assault with Intent to Kill (Gun) offense,” a statement released by D.C. police says.

“At approximately 8:20 p.m., members of the Third District heard the sounds of gunshots and responded to the listed location,” the statement says. “Upon arrival, members located two adult male victims, both conscious and breathing, suffering from gunshot wounds,” according to the statement. “DC Fire and Emergency Medical Services responded to the scene and transported the victims to area hospitals for treatment of non-life-threatening injuries.”

The shooting incident took place at a time when many city residents and police were on edge following the fatal shooting of a 6-year-old girl on July 16 in Southeast D.C. and the firing of gunshots last Saturday outside Washington Nationals Stadium during a game, which prompted people inside the stadium, who heard the gunshots, to duck for cover.

D.C. Police Chief Robert Contee, who was accompanied by D.C. Mayor Muriel Bowser at a news conference at the scene of the shooting on Thursday night, said investigators believe one of the two men wounded by the gunfire was a target of the shooting. Contee said police believe the second victim was hit in the crossfire.

“We’ve got to make sure we’re doing everything we can as an entire system here in the District of Columbia to hold offenders accountable when these things happen in our community,” Contee said. “This is unacceptable. That’s the bottom line. It is totally unacceptable behavior,” he said.

“I’m asking the community to take a look at these videos,” he told reporters at the press conference. “If you know the person or the vehicle or somebody who is in that – there is one individual with a very distinctive hoody that he was wearing – please look at that very closely,” he said. “We’re asking for the community’s help.”

When asked by a reporter to comment on expressions of outrage by members of the community over the widespread outbreak of gun violence in the city, Bowser said she shares that concern.

“Well, I’m outraged. The chief is outraged. And the community should be outraged,” the mayor said. “What we saw tonight and unfortunately what we saw over the last several days is an illegal firearm brazenly used on D.C. streets,” Bowser said.

“And we know that our investigators and detectives are going to track down every lead. Our citizens have already been helpful in supplying leads and video and anything else that they saw so that we can get these individuals off the street and hold them accountable,” the mayor said.

Witnesses have said the Thursday night shooting on 14th Street reportedly occurred at the intersection of Riggs Street outside the Mexicue Restaurant, which is located at 1720 14th Street, N.W. The Blade office is located just a few doors down and Whitman-Walker’s Elizabeth Taylor building is a short distance away across the street at 14th and R Street, N.W.

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Suspect charged in murder of trans woman in PG County apartment

District Heights man apprehended in Arlington following unrelated arrest

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P.G. Police charged DeAllen Davonta Price with first-degree and second-degree murder and related charges in connection with Taya Ashton’s death.

Prince George’s County, Md., Police announced on Wednesday that homicide investigators identified and filed murder charges against a 27-year-old District Heights, Md., man for the July 17 homicide of transgender woman Taya Ashton, 20, who was found shot to death in her apartment in nearby Suitland, Md.

In a statement, P.G. Police said they charged DeAllen Davonta Price of the 6400 block of Hil Mar Drive in the unincorporated area of District Heights with first-degree and second-degree murder and related charges in connection with Ashton’s death.

According to the statement, while P.G. police detectives identified Price as a suspect in the Ashton murder, Arlington County, Va. Police arrested him on July 18 on an unrelated robbery charge after he attempted to flee from Arlington and Metro Transit police inside a train tunnel at the Pentagon City Metro Station.

“With the assistance of Metro Transit Police, Prince George’s County Police detectives and a K9 officer searched those tracks and recovered a weapon that’s now been linked to Taya’s murder,” the P.G. Police statement says.

“Price remains in custody in Virginia pending extradition to Prince George’s County,” the statement says. “The motive remains under investigation,” says the statement, but it adds, “Detectives have uncovered no evidence suggesting Taya’s murder was due to her gender identity.”

The announcement by P.G. police of Price’s arrest came on the same day that family members and friends of Taya Ashton held a vigil to honor her life at 4 p.m. on Wednesday at River Terrace Park in Northeast D.C. along the banks of the Anacostia River, which is part of the neighborhood were Ashton grew up.

Veteran D.C. LGBTQ rights advocate Phil Pannell, who attended and spoke at the vigil, said that in addition to family members and friends of Ashton’s, those who spoke included Prince George’s County State’s Attorney Aisha Braveboy; D.C. Council member Trayon White (D-Ward 8), D.C. transgender rights advocate Earline Budd, and numerous community leaders in D.C. and P.G. County. Budd said more than 200 people turned out for the vigil.

At the conclusion of the vigil, many of the participants drove in a lengthy caravan of cars to the apartment building in the Suitland section of Prince George’s County, where Ashton lived and where her life ended, to further honor her.

“The nearby streets were completely filled with people coming out for Taya and her family,” Budd said.

A three-page charging document filed in Prince George’s County District Court by P.G. Police on Wednesday, July 21, provides a detailed account of how homicide detectives used cell phone records and high-tech firearm ballistics techniques to link Price to the murder.

P.G. police said homicide detectives began an intense investigation into the murder almost immediately after family members who discovered Ashton’s body at her apartment on July 17 called police. Ashton’s grandfather, Stuart Anderson, who said Taya Ashton’s status as a transgender woman was accepted by her family, told the Blade that family members who arrived at the apartment could not find any evidence of a forced entry, leading them to believe the assailant responsible for the murder may have been someone Ashton knew and invited into her home.

The charging document says that although Ashton’s phone was missing from the apartment and presumed stolen at the time her body was found, detectives obtained her phone number from family members and used it to discover through the tracing of her calls and text message records that she and Price communicated with each other by text or calls between Friday, July 16, one day prior to the murder, and at 11:42 p.m. Saturday, July 17.

“This is the last call that the Decedent makes or answers before being found deceased,” the charging document states.

According to the charging document, earlier in the evening of July 17 Ashton and a friend of hers exchanged text messages in which Ashton wrote, “My dude is on his way” which the friend understood to mean a sexual encounter was expected to take place. A short time later Ashton told her friend in a follow-up text message “that a sexual encounter occurred,” the charging document says.

“As the investigation continued, it was discovered that Defendant was arrested on 07/18/2021 at approximately 1642 hours [4:42 p.m.] by the Arlington County Police Department for a theft,” the charging document in support of Price’s arrest says.

It says that when Arlington Police initially attempted to apprehend Price, “he jumped off of a platform and ran into a subway tunnel towards the Pentagon Metro Station.” The document says he hid inside the tunnel for about two hours before being arrested after he walked out of the tunnel into the station.

At the time of his arrest, the charging document says, Price was in possession of a Gucci cross strap bag with distinct markings that Ashton’s family members reported was missing from her apartment at the time her body was found.

A short time later, P.G. County homicide investigators, who arrived on the scene, conducted a search of the train tunnel and found a black semi-automatic .40 caliber Smith and Wesson handgun, the charging document states.

It says that that a police firearm expert, after examining the gun, “was able to conclude that the fired .40 caliber cartridge casing recovered from the scene [of the murder] and the fired projectile recovered from the Decedent’s body were fired from the Smith and Wesson handgun bearing serial #HTU3274 recovered from the area the Defendant hid from police.” 

The document states that when questioned after his arrest, Price waived his Miranda rights to withhold comment and obtain representation from an attorney and acknowledged that police had obtained access to his correct cell phone number.

“He also admitted to being sexually intimate with the Decedent and stated that he has known the Decedent for approximately three months,” the charging document continues. “He then admitted to being at the Decedent’s apartment the night of the murder and being sexually intimate with the Decedent that night,” it says.

“Based on the aforementioned facts, the evidence indicates that the Defendant is responsible for shooting and killing the Decedent,” the document concludes. The document does not state whether detectives asked Price whether he committed the murder or whether or not he admitted or denied fatally shooting Taya Ashton.

An arrest warrant that accompanies the charging document says that in addition to being charged with first-degree and second-degree murder, police charged Price with Assault-First Degree; Firearm Use/Felony Crime of Violence; Assault-Second Degree; Handgun on Person; and Loaded Handgun on Person.

Court records show that Price had been arrested in Virginia and Maryland several times prior to his latest arrests beginning in 2012 on charges that include illegal possession of a firearm, armed robbery, misdemeanor theft, and grand larceny.

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