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.


66° 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

Heavy Rains Flood Sioux Falls

8/28/2015 5:47 AM

While intersections are open on Friday morning, many are still cleaning up after Thursday's torrential downpour in Sioux Falls.

Full Story | Watch
Many Sioux Falls Streets Flooded Following Heavy Rain

8/27/2015 9:09 PM

Heavy rainfall Thursday evening caused flash flooding across Sioux Falls.

Full Story
City Officials React To 'Monster' Storm

8/28/2015 11:01 AM

Public Works Director Mark Cotter said the city's infrastructure performed well on Thursday against the rain.

Full Story | Watch
One Person Dead In Sioux Falls Motorcycle Accident

8/23/2015 5:42 PM

One person has been confirmed dead after an accident between a car and a motorcycle in Sioux Falls Sunday evening.

Full Story
Police Identify Man Killed In 41st Street Crash

8/24/2015 10:53 AM

The driver of the motorcycle, 56-year-old Dale Wayne Schoffelman, died at the scene.

Full Story


Events