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Sniper suspects to be charged in Virginia

Material witness ordered held without bond

Muhammad, left, and Malvo
Muhammad, left, and Malvo

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Sniper suspects John Allen Muhammad, John Lee Malvo will be charged with two shootings in Virginia.
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Montgomery County, Maryland, will file six counts of first-degree murder against each of the sniper suspects.
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CNN's Kelli Arena examines the possible motivations of sniper suspects John Muhammad and Lee Malvo.
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Montgomery, Alabama, police chief describes evidence that led to capital murder charges against sniper suspects.
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FREDERICKSBURG, Virginia (CNN) -- Sniper suspects John Allen Muhammad and John Lee Malvo will be charged Monday in two shootings in Spotsylvania County, Virginia, Commonwealth Attorney William F. Neely said Sunday.

The shootings in Spotsylvania County happened October 4, when an unnamed woman was wounded outside a Michaels craft store, and on October 11, when Kenneth Bridges, 53, was killed while pumping gas.

Muhammad and Malvo, both suspected in the sniper killings of 10 people and the wounding of three others, were charged by prosecutors Friday with six counts of murder in Montgomery County, Maryland.

Warrants were issued for Muhammad, 41, under his former surname of Williams, and Malvo, 17, whose birth certificate lists him as Lee Boyd Malvo, charging them each with first-degree murder in the six fatal shootings in Montgomery County. (Charges against Williams) (Charges against Malvo)

Meanwhile, the registered co-owner of the car in which Muhammad and Malvo were captured was ordered temporarily detained without bond during an initial court appearance Sunday in Flint, Michigan.

Nathaniel Osbourne was arrested Saturday by FBI agents as a material witness in the sniper case.

Deputy U.S. Marshal Lou Stock said a detention hearing to determine bond, if any, would be held in three days, either in Flint or in Maryland, where the material witness warrant was issued.

"He is going to Maryland either before the hearing or after," Stock said.

Osbourne is said to be a friend of Muhammad. Federal agents said they want to question Osbourne and don't consider him a suspect.

"We think he can shed some light on the investigation," FBI Special Agent Linda Vizi has said.

The blue 1990 Chevrolet Caprice was purchased for $250 at Sure Shot Auto in Trenton, New Jersey, said Derick Stokes, a spokesman for the New Jersey Division of Motor Vehicles.

Questions over Maryland death penalty

Virginia Attorney General Jerry Kilgore said Sunday that authorities in his state believe Malvo "was more than involved in this case." They suspect he may have been the shooter in at least one incident, he said.

Kilgore also said he thought Virginia would be a better option for the first trials for the pair, since state law allows Malvo to be tried as an adult and both suspects could face the death penalty.

"I think it's important that we all get together and decide which jurisdiction can proceed quickly, which jurisdiction can get the most out of this," said on "Fox News Sunday." "And all indications point to Virginia."

Maryland authorities plan to try Malvo, a Jamaican, as an adult and to seek the death penalty against him and Muhammad, according to Montgomery County State's Attorney Douglas Gansler.

However, it is unclear whether the death penalty can be brought against Malvo in Maryland because the state does not allow juveniles to be executed. Gansler said there may be discrepancies in Malvo's age and he may be older than 17. (Malvo profile)

Malvo and Muhammad already have been charged with capital murder in Alabama in a case unrelated to the sniper rampage, a shooting that occurred several days before the Washington rampage began and that provided the clues that led to the suspects' arrest. (Full story)

sniper
FBI agents escort Nathaniel Osbourne, second from right, to be transported to the Genesee County Jail in Flint, Michigan.

The series of sniper shootings began October 2 in Montgomery County. Other sniper attacks took place in various Maryland and Virginia counties and the District of Columbia.

Forensics tests on the Bushmaster .223-caliber rifle recovered from the car that Muhammad and Malvo were captured in Thursday linked the gun to the sniper shootings, authorities have said.(More on the rifle )

Gansler said prosecutors from the seven jurisdictions where the sniper struck met Friday and "remain united" and are "breathing a collective sigh of relief that the two men who allegedly perpetrated the sniper shootings are now behind bars."

"The only outstanding issue at this time is which of the seven jurisdictions is best positioned to prosecute the case first," Gansler said.

Both suspects are in federal custody, and Gansler said federal prosecutors probably will decide this week whether to bring charges, which would supersede the state charges. He said there are possible grounds for a federal death penalty case against the two suspects.

Justice Department sources said their primary concern is that the suspects get "swift and sure justice" and the "appropriate punishment," i.e., a death penalty that would not be overturned.

Malvo tried to escape from his interrogation room Thursday by climbing up into the ceiling ducts when his questioners left the room for a time, sources said.

Investigators have found that handwriting samples from Malvo's Bellingham, Washington, high school appear to match the writing in letters left after two sniper attacks. (Copy of letter found in Ashland, Virginia)

Other developments

•Washington, D.C., police issued a lookout for a Chevrolet Caprice spotted driving away from the scene of a fatal sniper shooting on October 3 in northwest Washington, D.C., according to a copy of the document obtained by CNN. But the Metropolitan (D.C.) Police Department said it chose not to release the information to the press because the press releases were being coordinated through the joint task force headed by the Montgomery County Police Department in Rockville.

•President Bush modified some of his public remarks last week after FBI investigators in the sniper case said the remarks could anger the sniper or give him too much information about the investigation, a senior administration official said. The official said the administration was advised to state the president's concern -- saying Bush was being kept up to speed on the developments and was promising federal resources --- but to refer any other questions to law enforcement officials.

-- CNN Correspondents Kelli Arena and Jason Bellini and Producers Dana Garrett and Mike Ahlers contributed to this report.



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