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.


32° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

Snow and blowing snow likely in NE KELOLAND, click here for details.

 

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


 
Find Local Businesses on KELO Pages!

View news

You may also like

Four Dead In Sisseton Shooting

11/22/2014 7:09 AM

South Dakota authorities are searching for a Sisseton man following a shooting early Saturday morning that left four people dead and another person in...

Full Story
UPDATE: Sisseton Homicide Suspect Found Dead In Home

11/22/2014 10:40 AM

Colter Richard Arbach has been located and identified as one of the four people shot and killed this morning in Sisseston.

Full Story
New Charges Filed Against Faith Rasmussen

11/19/2014 4:59 PM

She's already admitted to running a large marijuana ring, now Faith Rasmussen is accused of arranging a deadly robbery.

Full Story
Sisseton In Shock After Shooting

11/22/2014 5:51 PM

It appears a Sisseton man killed three people and injured a fourth before killing himself early Saturday morning, according to the South Dakota A...

Full Story | Watch
Names Of Sisseton Shooting Victims Released

11/24/2014 10:32 AM

Authorities release the names of the people shot to death and hurt in Sisseton over the weekend.

Full Story


Events