Man faces capital rape, murder charges in death of Muslim teen Nabra Hassanen

Stephanie Ramirez | WUSA-TV, Washington

FAIRFAX, Va. — Nabra Hassanen, the 17-year-old Muslim girl who was killed as she walked to her northern Virginia mosque, was raped as well, an indictment released Monday said.

The indictment accuses Darwin Martinez-Torres, 22, of both raping and sexually assaulting Hassanen with some kind of object. The Commonwealth Attorney couldn't say what the object was.

As the indictment includes capital murder and rape charges, prosecutors are able to pursue a death-penalty case against Martinez-Torres, of Sterling, Va.

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Prior to Monday's indictment, much of the discussion surrounding the case revolved around whether prosecutors should bring hate-crime charges — as sought by some activists — or whether it was a case of road rage, as police have long maintained.

Monday's indictment, though, brought into focus another aspect of the case: While police had said previously they were investigating whether Hassanen had been sexually assaulted, the indictment is the first court document to spell out any kind of sex-crime charges against Martinez-Torres.

Virginia law allows prosecutors to pursue a death penalty case only under certain conditions. Those include murder in the commission of a rape and murder during an abduction with intent to defile.

The seven-count indictment handed up Monday actually includes four counts of capital murder, with occasionally graphic detail on the ways in which prosecutors believe the slaying qualifies for the death penalty.

Mohmod Hassanen, Nabra's father, said his daughter was with friends in the early-morning hours of June 18. They were on their way back to the mosque for Ramadan prayers when the teens and Martinez-Torres got into an argument. Police say Martinez-Torres chased down the teens with a baseball bat and struck Nabra. He then abducted her.

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Hassanen believes his daughter was targeted because she was Muslim.

Fairfax County police ruled out the possibility the death was a hate crime early on and instead called it a "road rage" incident.

"I don't know why," said Ray Morrogh, the Fairfax County Commonwealth attorney, on Monday.

Morrogh both commended the department for the thorough investigation and criticized them in the same interview.

"I think it's always dangerous to characterize a case, especially on the day it happens or shortly thereafter,” Morrogh said.

But Julie Parker, a Fairfax County Police spokeswoman, said in a statement, "We shared information about this tragic case from the very beginning."

The Reston teen’s murder sparked outrage in her neighborhood and across the world. The case continues to resonate as more than 100 supporters and friends shouted “Justice for Nabra” outside of the Fairfax County Courthouse on Friday at a preliminary hearing for Martinez-Torres.

In a search warrant affidavit, police say Martinez-Torres admitted killing Hassanen and that he led them to where he had dumped her body in a nearby pond.

More: Nabra Hassanen, Muslim teen, killed after leaving Virginia mosque

The Council on American-Islamic Relations, a Muslim civil rights group, is representing the girl's family. The group's lawyer Gadeir Abbas said the family "is focused on ensuring that there is justice for Nabra and that the murderer is held accountable for his crimes. This tragedy has affected the family, but also the Muslim community across the country, coming as it did during Ramadan when the kids were gathering at the mosque to socialize and for prayer."

A court hearing is scheduled for Thursday to set a trial date.

Contributing: The Associated Press. Follow Stephanie Ramirez on Twitter: @RamirezReports