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

Death Penalty Still Possible For McVay

Bookmark and Share

The death penalty is still on the table after a motions hearing for James McVay has come to a close.


McVay’s lawyers argued that there is unequal funding between the State’s Attorney’s Office and the Public Defender’s Office on Thursday, in an attempt to eliminate the death penalty as a possible sentence.


James McVay is still facing a sentence of life in prison, or the death penalty.


McVay pleaded guilty but mentally ill to first degree murder in 2011. McVay walked away from the minimum security unit at the South Dakota State Penitentiary, before breaking into 75-year-old Maybelle Schein’s home, stabbing her in the neck, and stealing her car. McVay was eventually caught by police in Madison, WI.


During the second half of a two-day motions hearing on Thursday, McVay’s lawyers attempted to rule out the death penalty as a possible sentencing option, on the basis of unequal funding between the prosecution and defense.


McVay’s lawyers argued that they do not have the same funding or resources as the State’s Attorney’s Office.


Judge Peter Lieberman denied that motion, stating “the state will always have more resources available to them, such as law enforcement on both the local and state levels."


He went on saying “I have not seen anything lacking for the defense in this case whatsoever. The defense has not been anything but complete. If there is anything the defense has suffered from, it is over enthusiasm.”


Both parties presented statistics on budget amounts and expenditures, before Judge Lieberman concluded that there is no legal evidence supporting an issue of unequal  funding.


Minnehaha County State’s Attorney Aaron McGowan argued that “even if there was an issue of unequal funding, it would be no basis for the court to preclude the death penalty as a sentence.”


It was also determined on Wednesday that McVay’s TV interview will be used as evidence during his sentencing hearing.


McVay’s sentencing hearing is scheduled to begin in March.

< Prev Story Back To Top Next Story >

Updates In Sisseton Shooting Investigation  story with video

People in Sisseton are finally getting some answers after the November 22 shooting that ...

SD Democrats Looking For New Executive Director

The South Dakota Democratic Party is looking for a new executive director.     Zach ...

Free Toys Available To Parents In Sioux Falls

Feeding South Dakota isn't just handing out food this Christmas season they ...

Luverne Schools Fight The Flu  story with video  Dec. 19

Cuban Cigars Could Make Their Way To Local Shops  story with video  Dec. 19

AG: Sisseton Killings Result Of Dom. Violence  Dec. 19

Obama: Keystone Offers Little Benefit To Consumers  Dec. 19

Ice Rinks Closed In SF  Dec. 19

SF Teen Faces Kidnapping, Assault Charges   Dec. 19

Prepackaged Caramel Apples Linked To 2 MN Deaths  Dec. 19

NorthWestern Energy Seeking To Raise Rates In 2015  Dec. 19

Gas Prices Fall Below $2 Per Gallon In SF  Dec. 19

Hackers Gloat Over 'The Interview' Cancellation In New Email  Dec. 19

Minnesota Firm Buys Second Storm Lake Wind Farm  Dec. 19

KSMI Students Stop By KDLT News Today  story with video  Dec. 19

O'Gorman Students Help Moms In Need  Dec. 19

Bob Seger Bringing Tour To Sioux Falls  Dec. 19

Pierre Woman Facing 8 Charges After Crash  Dec. 19

SD Supreme Court Backs Lower Court In Abuse Case  Dec. 19

Rapid City Man Found Dead Under Bridge  Dec. 19

SF Police Probe Motel Robbery  Dec. 19

Sioux Falls Stampede Honor Longtime Fan  story with video  Dec. 19

KDLT News Archive

Sioux Falls Stampede Honor Longtime Fan  story with video

Over the years, Max Honke has collected a drawer full of ...

Massage Therapist Reacts To Prostitution Arrest  story with video

It was a little over a week ago that an employee at ...

SFPD Looking For Casino Robbery Suspects

Sioux Falls Police have released pictures of two ...

Teen Allegedly Holds Girlfriend Against Her Will  Dec. 18

Vigil Held To Remember Dalton Williams  story with video  Dec. 18

SDN To Buy Sioux Valley Wireless  Dec. 18

Grain Elevator Collapses In Egan  Dec. 18

O'Gorman Students Help Moms In Need  Dec. 19

KDLT News Archive

Confident Coyotes Set Scoring Record  story with video

VERMILLION, S. D. --  Amy Williams South Dakota Coyotes probably expected a ...

O'Gorman Girls Roll Past Riders  story with video

SIOUX FALLS, S. D. --  The top-ranked O'Gorman girl's basketball team handled a shorthanded ...

Lincoln Staves Off O'Gorman, Dells Dumps Tea  story with video

The top-ranked Lincoln Patriot boy's basketball team won a ...

USD Women set school record for points  story with video  Dec. 18

Balanced attack leads SDSU over Arkansas/Little Rock  story with video  Dec. 18

Marshall, Jacks win in OT  Dec. 18

Bos hits game-winner for Coyotes  story with video  Dec. 18

Weber enjoying first job as a head coach  Dec. 18

KDLT Sports Stories
Back To Top