Fairfax Lawmaker Aims to Close Slayer Statute Loophole

For example, he said, think of the wife who has suffered years of abuse and "finally one day, like a rabbit backed into a corner, reacts with too much force and kills the abuser.

"That's going to be manslaughter, and most of us don't think that lady ought to be barred from the family will."

He pointed to the recent case of a 26-year-old Richmond man who accidentally shot and killed his father and last week was convicted of voluntary manslaughter. Under Petersen's bill, Johnson said, the younger man would lose his inheritance rights.

The Virginia Bar Association has endorsed a different bill, introduced by Del. Sal R. Iaquinto (R-Virginia Beach), that would give judges more discretion in deciding how to apply the slayer statute. It is the result of two years of work by the association, said Johnson, who headed the study.

Petersen, however, said he believes that there should be a "bright line" drawn in the law to avoid expensive, drawn-out cases, such as Ludwig's.

"The real tragedy of this case is not just the fact that this man had the gall to profit from killing another person, but that so much time and legal fees were tied up in what should have been a very simple" case, he said. "I'm worried that what's being proposed in the House will make it more complicated."

He said he would be willing to exclude those convicted of involuntary manslaughter, such as drunken or reckless drivers, to assuage critics.