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 >

Massage Therapist Reacts To Prostitution Arrest  story with video

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

Sioux Falls Breaks Building Permit Record  story with video

The City of Sioux Falls is breaking another record.   Thursday, ...

Body Shops Around Sioux Falls Are Backed Up

Body shops around the Sioux Empire continue to be backed up with vehicle ...

Teen Allegedly Holds Girlfriend Against Her Will  Dec. 18

Permit Approved For SD Anti-Police Brutality March  Dec. 18

Grain Elevator Collapses In Egan  Dec. 18

SFPD Looking For Casino Robbery Suspects  Dec. 18

SDN To Buy Sioux Valley Wireless  Dec. 18

SD Supreme Court Says Gambling Promos Not Taxable  Dec. 18

Wild Card 2 Ticket Sold In Huron Worth $6,000  Dec. 18

New Manager Named For SD State Fair  Dec. 18

ROTC Sergeant At BHSU Acquitted Of Rape Charge  Dec. 18

Final Reminders Of Iowa Casino Remain Temporarily  Dec. 18

Survey On Deer Licensing System 'Pretty Neutral'  Dec. 18

Mankato Man Recovering After Severe Brain Injury  Dec. 18

SD Supreme Court Says RV Seizure In Meth Case OK  Dec. 18

Federal Jury Finds Man Guilty Of Drug Conspiracy  Dec. 18

SD man Gets 14 Months In Shotgun Threatening Case  Dec. 18

Jury Awards $1M To Families For Flood Damage  Dec. 18

Police Search For 3 Men After SD Home Invasion  Dec. 18

How To Get Hired Over The Holidays   story with video  Dec. 18

The Daily Scoop: 12-18-14  story with video  Dec. 18

KDLT News Archive

Update: Missing Man Found Deceased

A man reported missing in Charles Mix County was found deceased ...

Light Show Donates To Young Boy With Cancer  story with video

An annual light show in Madison is drawing crowds and ...

SF Building Damaged After Overnight Fire

Firefighters spent part of the early morning hours ...

SFPD Looking For Casino Robbery Suspects  Dec. 18

Police: Spencer Woman Found Dead In Apartment  Dec. 17

2nd Gold Coin Given By Anonymous Donor  Dec. 17

Snow Plows Tackle Drifts In Sioux Falls  story with video  Dec. 17

The Daily Scoop: 12-17-14  story with video  Dec. 17

KDLT News Archive

Weber enjoying first job as a head coach

Although Phil Weber brought a very impressive resume to Sioux Falls, this ...

Johnston knows tough schedule will help  story with video

The SDSU Women's BB team has a rugged pre-conference schedule. But ...

St. Pierre gets 3rd All-American award  story with video

SIOUX FALLS -- The honors keep rolling in for Solomon St. ...

Nagy excited to have Marshall  story with video  Dec. 18

Zenner gets another All-American award  story with video  Dec. 18

Buchta, Herd beat Des Moines  story with video  Dec. 17

Lancers hot from outside in win at Dakota State  story with video  Dec. 17

Eades loves new home at Denny  story with video  Dec. 17

KDLT Sports Stories
Back To Top