Behl jury should get evidence in Jan.

Richmond Times Dispatch ^ | November 11, 2005 | JIM NOLAN

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Authorities will wait until January before presenting evidence to a grand jury about suspect Ben Fawley in the death of Virginia Commonwealth University student Taylor Behl, sources familiar with the case told The Times-Dispatch.

The sources said Behl task-force investigators want to gather additional evidence to seek a murder charge against Fawley, a 38-year-old amateur photographer who told police he was with Behl when she died in Mathews County, less than 24 hours after last being seen in Richmond by her dormitory roommate the night of Sept. 5.

Fawley told police that Behl died by accident during a consensual sexual encounter in her car during which he restricted her breathing. Fawley also told police that he panicked after Behl died and dumped the teen's body off a dirt road in Mathews.

Death by accident could qualify as a manslaughter charge. A killing with malice or intent forms the basis of a murder charge.

Fawley is being held without bond in the Richmond City Jail on possession of child pornography charges unrelated to Behl's death.

Officials said any charges brought in Behl's death would be filed in Mathews County because that is where evidence suggests she died.

Commonwealth's Attorney Jack Gill is the sole prosecutor in Mathews, a rural county about 70 miles east of Richmond. He will be assisted by two prosecutors from the Richmond commonwealth's attorney's office, as well as task force investigators.

The Mathews County grand jury is scheduled to meet Nov. 21. Several news outlets had reported that evidence would be presented this month. Instead, according to sources, the evidence will be presented in Mathews at the next meeting of its grand jury, scheduled for mid-January.

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