A woman accused of murdering her husband will be tried for first degree murder after prosecutors upgraded charges against her May 23.
Lynn Fogarty, 33, of York County, is accused of shooting her husband, Giancarlo Di Fazio, in the chest during an alleged domestic altercation September 25, according to documents filed in the York-Poquoson Circuit Court.
A grand jury found probable cause May 23 to indict Fogarty on a charge of first degree murder, Commonwealth’s Attorney Benjamin Hahn said Tuesday.
First degree murder is defined by Virginia Code as “any willful, deliberate, and premeditated killing.”
Prosecutors did not present an indictment for the original charge of second degree murder, which was certified to a grand jury earlier in juvenile and domestic relations court, Hahn said.
Hahn declined to comment further as the case is still pending.
York-Poquoson Sheriff’s Office deputies responded to 109 Burgundy Road around 3 p.m. Sept. 25 after Fogarty called and advised she shot her husband, according to court documents.
Police arrived to find Fogarty still inside the house. They requested she exit the building, allowing medics to attempt to resuscitate Di Fazio, documents state.
Police believe Fogarty shot her husband as he was about to use the bathroom, documents state.
Fogarty was arrested the same day and charged with second degree murder and use of a firearm in the commission of a felony, court records show.
“Ms. Fogarty claims to have been the victim of domestic violence with her husband as the perpetrator,” a May 18 search warrant states, although an earlier warrant states Fogarty had no signs of any physical abuse following the shooting.
Documents also state Fogarty was intoxicated on the day of the shooting.
Investigators filed several search warrants for the case in March, April and May, seeking access to all paper and electronic records regarding Di Fazio’s life insurance policies, according to court records.
Di Fazio’s father told police he believed the life insurance policy’s beneficiary was changed shortly before his son’s death, a warrant states.
Other warrants request Lynn Fogarty’s prescription medications and medical documentation, a bent towel bar that Giancarlo Di Fazio may have hit his head on when he was allegedly shot, a laptop computer and an external hard drive.
Police have filed search warrants for medications and prescriptions revealing information about Fogarty’s medical diagnosis and mental health issues, documents state.
Fogarty has been out on bail since Oct. 31. She was released on $150,000 bond after a hearing in the York-Poquoson Juvenile and Domestic Relations Court.
Bail conditions include drug and alcohol screening, no contact with the victim’s family, no possession of any weapons, house arrest except going to work or appointments, no contact with the previous marital home on Burgundy Road and maintaining medications and therapy appointments, documents state.
Fogarty’s case is scheduled for a 10-day jury trial Dec. 4 in the York-Poquoson Circuit Court.
Fearing can be reached at firstname.lastname@example.org.