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05:34 PM EST on Tuesday, January 17, 2006

By 13News & Associated Press

Richmond police photo

Ben Fawley, following arrest on child pornography charges

The Grand Jury in the Taylor Behl murder investigation has indicted amateur photographer Ben Fawley for her death.

Fawley, 38, had told police he was with the 17-year-old VCU student 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.

Published reports stated Fawley told police that Behl died accidentally 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 her body off a dirt road in Mathews. Her remains were found on October 5.

The indictment accuses Fawley of killing Behl in a premeditated act and "in the commission of, or attempt to commit, rape, forcible sodomy or abduction."

Mathews County Commonwealth's Attorney Jack Gill told reporters outside the courthouse, "I don't want to go into any of the evidence in the case."

Attorneys and investigators involved in the case have been under a gag order not to discuss details.

Fawley remains in the Richmond jail on unrelated pornography charges.

Courtesy VCU

Taylor Marie Behl

The state medical examiner's office says the cause of death in Behl's case is still pending.

Behl's mother, Janet Pelasara, was at the Mathews County courthouse in case she was needed to testify. She talked about the police investigation.

"I was grateful that they were so thorough and so methodical and got all the evidence that they could."

She added, "I think she rejected him (Fawley) and I think he took it out on her and it resulted in her death."

Pelasara said she initially hoped for a charge that would bring her killer a death sentence, but now she has reason to be satisfied with the first-degree murder charge.

"To be violated, to feel the pain and horror that he put my daughter through," Pelasara said. "The death penalty would be too quick, too easy, too painless."

Fawley will be arraigned on January 25th and a trial date will be set that time. The trial will be held within five months.