KDLT Home KDLT on Facebook KDLT on Twitter Get the KDLT iPhone App Get the KDLT Android App

Minnehaha Co. Judge Denies Killer's Request



Bookmark and Share

The Sioux Falls man who confessed to killing a 75-year-old hospice nurse in her home in July of 2011 was in court Wednesday and asked a judge to wave capitol punishment in his case.

James McVay planned a killing spree with a plot to assassinate the president.

He needed money and transportation, which led to the murder of Maybelle Schein.

Defense attorneys asked the judge to put Mcvay's maximum sentence to life in prison without parole.

The judge denied this request, a decision the Minnehaha County State's Attorney, Aaron McGowan said he supports.

"We certainly agree with that ruling," said McGowan.

The request to eliminate the death penalty from James McVay's possible sentences, follows McVay's first-degree murder, but mentally ill plea, McVay's attorneys claim execution is cruel and unusual punishment.

The judge denied the killer’s request and McGowan said state statues in this case is cut and dry.

"Any possible punishment with a guilty, but mentally ill plea is available to the judge or jury in this type of case," said McGowan.

McVay's attorneys said there have been three cases in South Dakota, where people made the same plea as McVay, and received life in prison without parole.

McGowan stressed again, McVay will receive any punishment decided by a jury or judge, which includes death by lethal injection.

He said mental illness does not afford McVay the same protection as mental incompetence.

"Like there is for cases of mental retardation or incompetence that are separate and are distinctly laid out by the Legislature," said McGowan.

McVay pleaded guilty to the July 2011 killing of Maybelle Schein, the victim caught in the killer's twisted plot to assassinate the President.

After McVay served prison time in South Dakota for previous crimes, he was put in community transition program with minimul security where he walked away from authorities.

He made his way to the west side Wal-Mart where he stole clothes and camping knives, then slept under a bridge at Sertoma Park.

On July 2, 2011, McVay wandered to a Sioux Falls neighborhood where he broke into Schein's home to steal items he needed to carry on his mission to kill the President.

McVay stood over Schein in her home until she woke up from her nap, he then stabbed her to death, saying he wanted to quote "get blood on his hands...get experience killing people."

It's been more than a year, since McVay committed murder and McGowan hopes McVay faces his sentence soon.

"Eventually we'd like to get the case closed at the penalty phase," said McGowan.

After the court hearing, the judge asked to meet with both the prosecution and defense, to start mapping out the next steps.

A jury could hear Mcvay’s case, where evidence from both sides will be used to determine Mcvay's sentence.
< Prev Story Back To Top Next Story >
     

George McGovern Honored In Sioux Falls School  story with video

It was a memorable day for the family and friends of former South Dakota Senator George McGovern. ...

SFFR Conducts Natural Gas Simulation Training

Despite the rainy start, Sioux Falls Fire Rescue was still able to conduct live ...

Mock-Ups Announced To Fix 'Ripple Effect'

Before any concert can take place, the city wants to fix the rippling panels on the ...

Employee-Only Concert At New Events Center  Aug. 28

Man Arrested After Police Pursuit, 4 Car Crash  story with video  Aug. 28

Wisconsin Woman Dies In Crash Near Rapid City  Aug. 28

State Has Paid Out Over $2 Million In Settlements  Aug. 28

Judge Rules Against Libertarian In PUC Ballot Spat  Aug. 28

Oil Conference Planned In Spearfish In October  Aug. 28

Pressler Honors One Feather At South Dakota Wake  Aug. 28

Leads' Homestake Opera House Celebrates Centennial  Aug. 28

Judge Hearing Arguments In Disputed Candidate Case  Aug. 28

Woman Pleads Guilty In Sioux Falls Drug Conspiracy  Aug. 28

SF Police Chase Ends in Rollover, Arrest  Aug. 27

Portrait Of Janklow Dedicated To USD  story with video  Aug. 27

AZ Gun Range Incident Raises Questions  story with video  Aug. 27

South Dakota Tech School Gets $500,000 NASA Grant  Aug. 27

SD Lawmakers Explore Highway Funding, User Fees  Aug. 27

Restaurant Manager: "It sounded Like A Car Hit The Building"  story with video  Aug. 27

South Dakota Tech School Gets $500,000 NASA Grant  Aug. 27

City Proposes Deer Management Program  story with video  Aug. 27

Ready to Start Program Launches  Aug. 27

A Guide To The EB-5 Program Investigation In SD  Aug. 27

Dem Asks For Another Lawmaker To Sit In For Her  Aug. 27

'Cops' Crew Member Killed In Omaha Shooting  Aug. 27

Conservative Americans For Prosperity Comes To SD  Aug. 27

KDLT News Archive
     

SF Police Chase Ends in Rollover, Arrest

A 30-year-old man was arrested Wednesday night ...

Portion Of Downtown SF Building Collapses

A portion of a historic building in Downtown ...

Restaurant Manager: "It sounded Like A Car Hit The Building"  story with video

A portion of a building in downtown Sioux ...

'Cops' Crew Member Killed In Omaha Shooting  Aug. 27

A Guide To The EB-5 Program Investigation In SD  Aug. 27

USD Using Drone To Capture Images For Marketing  Aug. 27

AZ Gun Range Incident Raises Questions  story with video  Aug. 27

South Dakota Tech School Gets $500,000 NASA Grant  Aug. 27

KDLT News Archive
     

Birds fall in 9th to Saltdogs  story with video

Sioux Falls, SD-- Another fantastic start at the Birdcage from Matt Wickswat went for naught ...

Scheels Plays of the Week from August 18th-24th  story with video

Zach Borg has your Scheels Plays of the Week from August 18th-24th. ...

Wiggins happy to be in Minnesota  story with video

The 4 newest Timberwolves met their fans at the Minnesota State Fair Tuesday and Andrew ...

IFL Expansion includes Barnstormers  story with video  Aug. 27

Missouri is ready for SDSU, Zenner  story with video  Aug. 27

Birds dominated by Bisenius  story with video  Aug. 26

Garretson shuts out SFC girls in soccer  story with video  Aug. 26

Warriors lose VB opener  story with video  Aug. 26

KDLT Sports Stories
     
Back To Top