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~ COUNT Itt & The Grand Jurors of the Commonwealth of Virginia, in and for the body of the County of Fairfax, and now attending the said Court at its January Term, 2003, charges that: On or about i the 14th day of October, 2002, in the County of Fairfax, Lee Boyd Malvo, a/k/a John Lee Malvo, did unlawfully use a firearm while Committing the murder of Linda Franklin. A-True Bill A No True Bill &/ ' FOREMAN Va. Code §18.2-53.1 3 Witnesses subpoenaed, sworn and available to testify before the ‘Grand Jury: Det. I. M. Boyle, Fairfax County Police Dept.