KDLT Home KDLT on Facebook KDLT on Twitter Get the KDLT iPhone App Get the KDLT Android App
** CLICK HERE for a COMPLETE LISTING **    Canton--SNOW ALERT--begins midnight, business dist  

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 >
     

Mammoth Site Scientists Help Study Rare Bison

Two scientists with the Mammoth Site in southwestern South Dakota have helped study a 9,300-year-old bison ...

1 Dead, 2 Injured In Corson Co. Collision

One person is dead and two others are injured after a head-on collision ...

Recent Snowfall Causing Delays & Scares

With Christmas over, many in the Sioux Empire are traveling home. But for some, the ...

Hamlin Co. Deputy: "No Ice Is Safe Ice"   story with video  Dec. 27

Hendricks Residents Welcome New Theater  story with video  Dec. 27

1 Dead, 1 Injured In Collision Near Philip  Dec. 27

2 Mountain Lions Killed During Season's 1st Day  Dec. 27

Larry Pressler Accepts Post With Centrist Group  Dec. 27

Weather, Politics Dominate South Dakota 2014 News  Dec. 27

SF Apartment Fire Starts In Trash Can  Dec. 27

2 Dead In Rollover Crash Near Marion  Dec. 27

Two Hawarden Men Arrested For Burglaries  Dec. 27

One Of A Kind Pawn Shop Coming To Sioux Falls  Dec. 26

Shoppers Return Unwanted Gifts In Sioux Falls  story with video  Dec. 26

Sioux Falls Residents Leave Christmas Behind  Dec. 26

"Heroes Behind The Badges" Blood Drive Begins  Dec. 26

Family Of Jayla Rodriguez Grieves Through Holidays  Dec. 26

SD Extends Comment Period On Elk Management Plan  Dec. 26

SD County Name Change Needs Legislative Action  Dec. 26

SD Man Dies After Being Struck By SUV  Dec. 26

KDLT News Archive
     

2 Dead In Rollover Crash Near Marion

Two people are dead following a rollover crash in southeast South ...

Hendricks Residents Welcome New Theater  story with video

Moviegoing is the number one leisure activity in the U. S. , attracting ...

1 Dead, 1 Injured In Collision Near Philip

One person is dead and another is injured after a ...

SF Apartment Fire Starts In Trash Can  Dec. 27

2 Mountain Lions Killed During Season's 1st Day  Dec. 27

Hamlin Co. Deputy: "No Ice Is Safe Ice"   story with video  Dec. 27

Recent Snowfall Causing Delays & Scares   Dec. 27

1 Dead, 2 Injured In Corson Co. Collision  Dec. 27

KDLT News Archive
     

PARKSTON CLASSIC: Ethan Outlasts Sully Buttes  story with video

PARKSTON, S. D.   --  Shrugging off a slow start, 4th-ranked Ethan outlasted ...

MIKE MILLER CLASSIC: Washington Rolls While Mitchell Falls  story with video

MITCHELL, S. D.   --  The opening day of ...

Stampede Rally Past Fargo In Shootout  story with video

Sioux Falls, SD—It might have been the first game after the holiday break, but the ...

Skyforce Snap Austin's 10-Game Win Streak  story with video  Dec. 27

ENTRINGER CLASSIC: Madison & Deuel Win Nailbiters  story with video  Dec. 27

KDLT Sports 2014 Bloopers Of The Year  story with video  Dec. 26

Drew II Plays Santa Claus In Skyforce Christmas Win  story with video  Dec. 26

Pro Bowl Nod Adds To Vinatieri's Legacy  story with video  Dec. 26

KDLT Sports Stories
     
Back To Top