Loudoun Teen Indicted on Murder Charges in Beating Death of Man on Morning Walk
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Tuesday, August 11, 2009
A 17-year-old Loudoun County youth was indicted for first-degree murder Tuesday in the March beating death of a man walking with his wife in the Lansdowne area and also charged with aggravated malicious wounding for the critical injuries inflicted on the man’s wife during the attack.
A Loudoun grand jury indicted Jaime Ayala for the murder of William Bennett, 57, and the wounding of Cynthia Bennett, 55, who was hospitalized for months. Both crimes carry minimum penalties of 20 years and a maximum of life in prison.
At a preliminary hearing in Loudoun juvenile court last week, a Loudoun sheriff’s investigator testified that Ayala claimed he was merely the driver for two other young men, who leapt out of a van driven by Ayala on the morning of March 22. Ayala reportedly told the investigator that while he waited in the darkness, his two friends beat William Bennett, 57, and Cynthia Bennett, 55, along Riverside Parkway, and that he later helped the two burn their bloody clothes.
Ayala allegedly named Darwin G. Bowman, 18, of Annandale and Anthony R. Roberts, 20, of Middleburg as the passengers who spotted the Bennetts and attacked them. Bowman has been charged with capital murder and is awaiting a preliminary hearing. Roberts has not been charged in the Bennetts’ case but is being held on unrelated charges.
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The grand jury also indicted Ayala on charges of assault by mob and malicious wounding for a gang-related fight at a party in Sterling three weeks before the Lansdowne attack. Ayala reportedly told sheriff’s investigators that he was a member of the 18th Street gang and was involved in a large fight with members of MS-13, or Mara Salvatrucha, on Feb. 28. Investigation of that episode led police to Ayala.
There was no indication during last week’s hearing of gang involvement in the Bennett slaying.
Ayala cannot be charged with capital murder because he is a juvenile. The Supreme Court has ruled that the death penalty cannot be imposed on anyone under the age of 18.
In his interview with Loudoun sheriff’s investigator John H. Smith, Ayala allegedly also indicated that Bowman and Roberts had raped Cynthia Bennett, and Chief Deputy Commonwealth’s Attorney James P. Fisher said in the last week’s hearing that he planned to bring rape charges later. No rape charges were filed Tuesday, but Fisher said he was still considering filing them in the future.
At the conclusion of Ayala’s preliminary hearing last week, defense attorneys Barry Zweig and Kimberly Irving pointed out that prosecutors had not proved that Ayala was a juvenile, a necessary element for the juvenile court to have jurisdiction. Juvenile Court Judge Avelina S. Jacob agreed, and although she said there was probable cause to believe Ayala was involved in Bennett’s murder, she dismissed the case for failure to prove his age.
Photo Gallery
Scene of the Lansdowne Homicide
The scene at Rocky Creek Drive in Lansdowne after William Bennett, 57, was found dead and his wife, Cynthia Bennett, 55, severely injured. (Erica Garman)
The Sheriff's Office search the area in Lansdowne where a Leesburg couple was attacked early Sunday morning. (Erica Garman)
William and Cynthia Bennett were victims of an attack in Lansdowne early Sunday morning that left William, 57, dead, and his wife, Cynthia, 55, with severe injuries. The couple, who lived in the Potomac Station community in Leesburg, was found along Riverside Parkway near Rocky Creek drive. (Courtesy of the Loudoun County Sheriff's Office)
The walking trail along the road where the victims of Sunday morning's attack in Lansdowne had gone for a morning walk. William Bennett, 57, was found slain on the side of the road and his wife, Cynthia Bennett, 55, remains in critical condition. This section of fence was removed as evidence after it led to the discovery of Cynthia Bennett when officials noticed that it had blood on it. (Jonathan Mummolo)
Loudoun Sheriff Stephen O. Simpson speaks to reporters and residents Monday afternoon near the scene of the Sunday morning's attack in Lansdowne. (Jonathan Mummolo)
But Virginia law allows prosecutors to simply “straight indict” a juvenile when his case is dismissed in juvenile court. Fisher did that on Tuesday.
Zweig and Irving promptly challenged the legality of the indictment, and filed a motion in Loudoun Circuit Court to quash the indictment. “We believe the circuit court does not have the jurisdiction to hear these cases,” Irving said.
The same state law that allowed prosecutors to indict Ayala, despite the dismissal of his case five days earlier, could pose a problem for them. The law states that an indictment in the circuit court “cures any error or defect in any proceeding held in the juvenile court except with respect to the juvenile’s age.” Ayala’s attorneys are hoping that the age issue would persuade a circuit judge to return the case to juvenile court.
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Edward Myers is going to inconsolable ...
Posted by OhTheHumanity (anonymous) on August 11, 2009 at 9:27 p.m. (Suggest removal)
lets all pray edwardmyers is not called up for jury duty!
Posted by purplehayes3 (anonymous) on August 11, 2009 at 10:11 p.m. (Suggest removal)
and i think theharmans owe everyone on the last post an apology!
Posted by purplehayes3 (anonymous) on August 11, 2009 at 11:10 p.m. (Suggest removal)
So was this piece of detritus in the country legally or not? Sooner or later, you are going to report it, or someone is going to find out and blog about it, so you might as well put it out there now. The fact that his age is a mystery is CLUE NUMERO UNO.
Si Se Puede!!
Posted by Curmudgeon10 (anonymous) on August 12, 2009 at 7:08 a.m. (Suggest removal)
I remember when this story broke telling my dad that the man's CIA connection has nothing to do with it that it was likely Latin gang members from Sterling Park and I was dead on the money.
I hope the three involved get the death penalty.
Posted by flonzy3 (anonymous) on August 12, 2009 at 7:34 a.m. (Suggest removal)
Let's hope justice is done in this horrific case.
Posted by momof2 (anonymous) on August 12, 2009 at 7:43 a.m. (Suggest removal)
"attorneys Barry Zweig and Kimberly Irving pointed out that prosecutors had not proved that Ayala was a juvenile, a necessary element for the juvenile court to have jurisdiction"
I think these attorneys should be victims of animals such as these, and have the same fate brought upon them and their loved ones. That will teach them who and who not to defend.
Posted by nonag (anonymous) on August 12, 2009 at 7:46 a.m. (Suggest removal)
Thatwas then: "attorneys Barry Zweig and Kimberly Irving pointed out that prosecutors had not proved that Ayala was a juvenile, a necessary element for the juvenile court to have jurisdiction"
This is now: "Ayala’s attorneys are hoping that the age issue would persuade a circuit judge to return the case to juvenile court".
LET'S HOPE JUSTICE IS DONE IN THIS CASE.
It seems like 17 year olds are tried as adults frequently. In my opinion, this perp is an excellent candidate for this option. I hope prosecutors are able to follow through on this.
Posted by momof2 (anonymous) on August 12, 2009 at 8:13 a.m. (Suggest removal)
You can't just charge him as an adult in Virginia? I understand you can't charge him with capital murder, but why not just proceed with charges that do not require verification of age. I find it hard to believe that the guy's age is this much of a factor. What do they do to "prove" someone's age? My name is fairly uncommon, but what if they arrest "John Brown" and he may or may not be 18? Do you look through the records of every John Brown to figure out if the guy you have is in there? I can't imagine its possible to verify without a doubt, that the John Brown you have in custody is the John Brown on a certain birth certificate.
Posted by BurtReynolds (anonymous) on August 12, 2009 at 8:17 a.m. (Suggest removal)
Curmudgeon10
mr. ayala was born right here in Virginia. as was anthony roberts and darwin bowman. you don't need to be an illegal alien to commit horrific crimes. his age is no mystery either. all prosecutors must prove jurisdiction as part of there case in chief, usually a last question like, "and all of these things you have testified about, they happened in loudoun county right?" the prosecutor in this case literally just forgot to ask the question regarding the juvenile's age to show jurisdiction. it was a mistake... it happens. even if the direct indictment gets quashed, the prosecutor can just refile petitions in the juvenile court. double jeopardy does not attach to preliminary hearings.
it's a good thing that his defense attorneys are doing such a good job now... as it will eliminate any basis for appeal post-conviction (when jeopardy does attach). his conviction will stand and he will spend the rest of his life in jail. although to me that is not punishment enough.
Posted by llcoolbj77 (anonymous) on August 12, 2009 at 8:29 a.m. (Suggest removal)
Our law enforcement agencies should be slugging it out in the streets with these gangs. Its no longer enough to arrest these guys. Its obvious the laws aren't working, as one of these little scumers can't be charged as an adult. Additionally, we, as a society predicated on the rule of law, need to take back our streets and eradicate those who seek to do us and our children harm. If there was ever a case for the carrying of concealed weapons, this is it right here folks. These gangs continue to terrorize our neighborhoods and decent people end up being the victims. These folks were picked because they were an easy target! We need to stop being easy targets and start being just as vicious and merciless as these thugs that hunt us.
Posted by SavetheRepublic (anonymous) on August 12, 2009 at 8:51 a.m. (Suggest removal)
Nonag, you're understandably upset about these crimes and frustrated with the legal system. However, as someone who knows Ms. Irving personally, I can tell you that she is a genuinely good person and a skilled attorney who is simply doing what she is legally and ethically required to do, i.e. making sure the Commonwealth puts on a clean and thorough case. While I don't want to put words in her mouth, the Kimberly Irving I know has no more sympathy for gangbangers and murderers than you do.
And Purple Hayes, because you don't know me I'll forgive you for not picking up the sarcasm that I thought was fairly evident in my previous post.
Posted by theharmans (anonymous) on August 12, 2009 at 9:43 a.m. (Suggest removal)
I do not fault the defense attorneys at all. They are doing their job. Our justice system would not work if everyone was not entitled to a competent defense and a fair trial. llcoolbj77 makes an excellent point regarding this. We don't want a conviction thrown out because the accused did not receive competent representation, right?
Posted by momof2 (anonymous) on August 12, 2009 at 10:02 a.m. (Suggest removal)
theharmans, I wasn't sure if you were being sarcastic in your previous post, either. Thanks for clarifying that.
Posted by momof2 (anonymous) on August 12, 2009 at 10:07 a.m. (Suggest removal)
Latin Gangs are generally comprised of more than 70% illegal aliens and profit from the smuggling of illegal aliens and trafficking of narcotics due to our weak security on the southern border.
While these young men may not be illegal aliens (status has not been reported), the connection of this crime to uncontrolled illegal immigration is at most separated by just one or two degrees. The fact that Mr. Ayala was recently involved in a 18th st. vs. MS-13 gang fight (both latin gangs with high numbers of illegal alien members) is at least supportive that the prevelance of crime by illegal aliens is spreading deeper into our communities. Assuming these suspects were not illegal aliens, would they have committed such a violent, vicious act were they not regularly associating with vicious and violent illegal alien gang members?
It is unfortunate that the victim was not armed, as he had a permit to carry a handgun. I would have been very satisfied to read about three dead thugs who found out the hard way that they are not as powerful as their gang affiliations lead them to believe. These three men should be executed in the least humane way allowable by law.
Posted by fighterDC (anonymous) on August 12, 2009 at 12:16 p.m. (Suggest removal)
flonzy3, where did you hear that he is from Sterling Park? Certainly a possiblity but no more so than any of the other communities in Loudoun County. Reading that he is 18th Street Gang my first guess would actually have been the Sugarland area. Just want to make sure you are not, like the Washington Post often does, assuming all bad things come from Sterling Park.
Posted by JustMeSterling (anonymous) on August 12, 2009 at 1:34 p.m. (Suggest removal)
I pray the three thugs get hung high and noonPeriod
Posted by LL817 (anonymous) on August 12, 2009 at 4:05 p.m. (Suggest removal)
if it weren't for these three heinous predators, a man who loved his wife and was loved by her would be just as alive today as you and i are. Hey Ayala...Bowman...Roberts. you sent a man into forever. that's no small thing. oh, our laws will do what they can. but you're going to head into forever too one day. you'll be facing God like everyone---a God whose laws are always carried out to perfection. a God who says "vengeance is mine.I WILL repay. the bible's writers also wrote "it's a terrifying thing to fall into the hands of the Living God." something to think about as you prepare for eternity.
Posted by zzzzzzz (anonymous) on August 12, 2009 at 9:13 p.m. (Suggest removal)
theharmans.....excellent sarcasm, you fooled me! Forgiven......
Posted by purplehayes3 (anonymous) on August 12, 2009 at 10:24 p.m. (Suggest removal)
fighter,
Unfortunately in today's society Mr. Bennett would probably be the one facing trial if he gunned down these guys trying to attack him and his wife.
Posted by BurtReynolds (anonymous) on August 13, 2009 at 1:11 p.m. (Suggest removal)
Start charging the parents also of the
young murderers!If the parents are in
jail ,give them more time.These crackbabies
only pay attention to socalled gangster rap
and sit around playing violent street crime
video games!
When they get hyped up on superweed and gin and juice they "keep it real" by living out the only images that get through to their undeveloped thought processes!
Buy prison shares Now!
Posted by chimerica.inc (anonymous) on August 13, 2009 at 11:39 p.m. (Suggest removal)
How can you say that the parents should be locked up? I personally know all three of the charged and i know Darwin and Jaime's mothers. Their mothers are good people who did what they could to raise their kids in the best possible way. Stop being racist and stereotypical. Just because they did something illegal doesnt mean it's the parents fault.
Posted by smm25461 (anonymous) on August 18, 2009 at 11:15 a.m. (Suggest removal)
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