User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


33° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

McVay Can Face Death Penalty For 2011 Murder

January 16, 2013, 5:26 PM by Ben Dunsmoor

McVay Can Face Death Penalty For 2011 Murder
James McVay

SIOUX FALLS, SD -

The man who said a Sioux Falls murder was just the beginning of his plot to kill the President can face the death penalty.

Forty-two-year-old James McVay pleaded guilty but mentally ill for the murder of a Sioux Falls woman more than a year ago. On Wednesday a Sioux Falls judge ruled that McVay can face the death penalty.

McVay admits he killed 75-year-old Maybelle Schein inside her Sioux Falls home in July of 2011. He told investigators Schein's murder was the first of many he planned to carry out on his way to Washington D.C. where he would eventually assassinate President Barack Obama.

On Wednesday, his attorneys said because of his guilty but mentally ill plea, he should not face the death penalty.

"There's nothing in the capital punishment statutes that says you can kill someone who is mentally ill,” Minnehaha County Public Defender Traci Smith said in court.

McVay's attorneys argue that state law doesn't specifically outline whether guilty but mentally ill defendant's can face the death penalty.

But Minnehaha County State's Attorney Aaron McGowan argued that state law allows the same punishment for those who plead guilty but mentally ill as those defendant's who are found guilty.

"Clearly the legislature desired that the defendant face any and all punishments," McGowan said.

Judge Peter Lieberman agreed with McGowan's argument saying that the law does allow the death penalty in cases like that of McVay's.

Lieberman did say in court that the defense should file an appeal of his decision with the South Dakota Supreme Court, so that he can have the justices opinion on his ruling before they go forward with the sentencing hearing for McVay.

Previous Story

Next Story


Comments





RELATED STORIES
Sponsored
Find Local Businesses on KELO Pages!

View news

You may also like

ISIS 'Kill List' Said To Include Target In Rapid City

3/24/2015 2:30 PM

CBS News confirms ISIS has a target in South Dakota.

Full Story
Family: Crow Creek BIA Superintendent Stabbed At His Office

3/25/2015 4:36 PM

An investigation is underway into the stabbing of the Crow Creek BIA Superintendent.

Full Story
Empire Mall Burger King Closes

3/22/2015 2:30 PM

The Burger King inside The Empire Mall in Sioux Falls is closing Sunday, March 22.

Full Story
Four Arrested On Drug Charges, Accused Of Making Hashish Oil

3/23/2015 1:32 PM

Four people are accused of making drugs just a block away from from the Clay County sheriff's office.

Full Story
Huron Man Dies In Rollover Crash

3/22/2015 11:42 AM

A Huron man was killed Saturday morning in a rollover crash at the intersection of 216th Street and SD Highway 45 in Hand County, near Miller.

Full Story


Events