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.


65° 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 Fights Death Penalty Option

June 15, 2012, 9:52 PM by Shawn Neisteadt

McVay Fights Death Penalty Option
James McVay | December 2011

SIOUX FALLS, SD -

James McVay is trying to avoid the death penalty.  You may remember McVay admitted to killing a Sioux Falls woman on what he said was a plot to kill President Obama. McVay's hearing is set for later this month.

Paperwork filed by the attorney for McVay says the admitted killer should not face the death penalty.  In fact, the papers lay out why those lawyers believe it is not allowed under South Dakota law.

McVay pleaded guilty but mentally ill to first degree murder last December.  The "mentally ill" portion of the plea is the focus of the motion.  McVay's attorneys claim South Dakota law doesn't allow the death penalty for such a plea.  Instead, they say death is only a possible sentence for those found guilty of first degree murder by a jury, or for someone who voluntarily pleads guilty to first degree murder.

Following the July 2011 murder of 75-year-old Maybelle Schein in Sioux Falls, McVay was arrested in Wisconsin.  There, he told a local television reporter he had no remorse for killing Schein, calling it collateral damage.  He went on to say he'd do it again and again.  McVay's lawyers have also filed a motion barring prosecutors from using that interview if there is a sentencing hearing.

The judge in the case is yet to rule on either motion.  Prosecutors have not yet responded.

The Minnehaha County Public Defender's Office is representing McVay in this case.

Previous Story

Next Story


Comments





RELATED STORIES


Sponsored
 

View news

You may also like

Four Arrested In Church Vandalism

5/18/2015 1:47 PM

Three Sioux Falls residents face charges after allegedly breaking into a west central Minnesota church.

Full Story
Woman Says Man Drugged Her at Concert, Hopes Story Helps Others

5/19/2015 6:05 PM

It was supposed to be an unforgettable concert, but a woman says she cannot remember it because she believes someone drugged her.

Full Story | Watch
One Killed, Five Hurt In Crash Near Bowdle

5/18/2015 2:07 PM

A Colton man is dead and five other people are hurt following a crash on U.S. Highway 12 near Bowdle on Sunday.

Full Story
Chicken Doesn’t Recognize Boy After Hair Cut

5/19/2015 12:22 PM

Video of a young boy getting a hug from a chicken is collecting a flock of fans.

Full Story
Former Sioux Falls Teacher Sentenced To 15 Years

5/22/2015 11:04 AM

In February, Drueppel admitted she had a relationship with a student while working as a teacher at a Sioux Falls middle school.

Full Story


Events