Grand jury indicts man in sniper case

FAIRFAX, Va. -- A grand jury indicted 17-year-old Lee Boyd Malvo on two counts of capital murder in last fall's sniper shootings, setting the stage for a death penalty trial.\nThe indictment, issued Tuesday and made public Wednesday, also includes one count of using a firearm in a murder. Both capital murder counts stem from the Oct. 14 slaying of FBI agent Linda Franklin.\nThe indictment officially marks the transfer of Malvo's case to adult court. A juvenile court judge ruled last week that Malvo could be tried as an adult, making him eligible for the death penalty if convicted of capital murder.\nNo date has been set for Malvo's arraignment.\nMalvo and John Allen Muhammad, 42, are accused of killing 13 people and wounding five in Alabama, Georgia, Louisiana, Maryland, Virginia and Washington, D.C. They are being tried first in Virginia because its laws allow the best opportunities for the death penalty.\nThe grand jury granted Fairfax County Commonwealth's attorney Robert F. Horan's request for capital murder indictments under two statutes: one prohibiting the killing of more than one person in a three-year period, and an anti-terrorism law.\nAlso Tuesday, a judge dismissed efforts by Malvo's guardian to obtain police documents about the deadly shooting spree.\nThe guardian, Todd Petit, argued that a provision in juvenile law gave him the right to seek a wide range of records from police and other agencies that had documents about Malvo. Prosecutors contend the information was being sought prematurely before the trial.\nMuhammad is scheduled to go on trial in October in neighboring Prince William County for the slaying of Dean Meyers at a Manassas gasoline station.