OMAHA, Neb. (AP) - A judge has resentenced a man who was spending life in prison after being convicted of a fatal robbery in Omaha about 25 years ago.
Douglas County District Judge Mark Ashford resentenced Johnny Ray, 43, on Monday to a term that will make him eligible for parole by the time he’s 55 and for automatic release at age 69, the Omaha World-Herald (https://bit.ly/1s71Ykp ) reported.
The sentence was prompted by a U.S. Supreme Court ruling that says judges must have the ability to sentence juveniles to something other than an automatic life term.
Ray was just three days shy of his 18th birthday when he and friend Raymond Martin, then-18, hatched a plan to rob two men before a concert in Omaha. The two fatally shot killed Matthew Mallory, 21, and wounded his friend Valentine Marrofo. Both teens were convicted of first-degree murder and sentenced to life in prison.
Martin will continue is sentence of life in prison because he was 18 at the time of the crime.
In his ruling, Ashford questioned why the criminal justice system puts so much emphasis on the age 18. He noted that scientists don’t believe the brain fully develops until the early 20s or even as late as 25.
“It concerns me when we have an age of 18,” Ashford said in court Monday. “Assuming the science is right, that age is arbitrary. But it’s my job to follow the law, not to change it. I think it’s something the criminal justice system has to (address).”
Douglas County Public Defender Tom Riley said he believes that the U.S. Supreme Court will eventually re-evaluate the age cutoff in the law.
“But there’s no question 18 is an arbitrary number,” he said. “It’s more in line with what the criminal justice system has historically said is the cutoff between a juvenile and an adult, as opposed to what the science now says.”
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Information from: Omaha World-Herald, https://www.omaha.com
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