Charles "Chick" Silva died in October, after he was beaten by a mob of young men, according to Chesapeake Police.
One of those men turned himself into police soon after. Kyle Langreder was originally charged with malicious wounding by mob.
But Monday in court, commonwealth's attorneys told a judge they will be upgrading those charges to murder. Prosecutors have said there are two other suspects in the case, but they have not yet been arrested.
Chesapeake police say they are still investigating, continuing to build a case.