*The infamous DC sniper Lee Boyd Malvo is hoping the U.S. Supreme Court will reduce his life sentence because he was a minor at the time he accompanied 41-year-old John Muhammad on killing spree.
Malvo’s lawyers appeared in the high court on Wednesday and argued that the sentencing was unconstitutional because their client was 17 when he and Muhammad killed 10 random people in Virginia, Washington, D.C., and Maryland in 2002. Their crimes became known as the “D.C. sniper attacks.”
Malvo originally received 10 life sentences; four have been thrown out. As reported by UPI.com, in 2012, the Supreme Court ruled in Miller vs. Alabama that life without parole for minors is unconstitutional.
“Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features — among them immaturity, impetuosity and failure to appreciate risks and consequences,” Justice Elena Kagan wrote in the ruling.
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The lawyer for D.C. sniper Lee Boyd Malvo argued that his sentence of life imprisonment should be reviewed based on factors justices later held necessary when punishing juveniles https://t.co/AOmsUHu9Mv
— The Wall Street Journal (@WSJ) October 17, 2019
Malvo, now 34, is seeking a resentencing for the crimes in Virginia by order of the federal appeals court in 2017. The federal appeals court based in Richmond said last year that Malvo is entitled to be re-sentenced.
“Malvo was 17 years old when he committed the murders, and he now has the retroactive benefit of new constitutional rules that treat juveniles differently for sentencing,” the court reasoned.
Siding with Malvo in the matter is the American Bar Association, the American Civil Liberties Union and the Juvenile Law Center, per NBC.com.
Malvo was eligible for execution when he was sentenced in 2003.
Muhammad was executed in 2009.
Meanwhile, the Fairfax County, Virginia prosecutor who helped convict Malvo says “I hope and pray” the U.S. Supreme Court upholds Malvo’s four life sentences in the commonwealth.
“I’ve heard a number of people say this isn’t about releasing Malvo, but that’s not true. It’s all about releasing Malvo,” said Fairfax County Commonwealth’s Attorney Ray Morrogh.
“There are some who don’t believe in life sentences for juvenile offense, and I myself agree that a life sentence for a juvenile should be very rare,” he added. “I, for one, don’t want to run into Malvo in the supermarket, someday.”
It is unlikely that Malvo will ever be released from prison, even if his sentence is reduced.
“Malvo is a serial killer — this is a very evil, evil person, who should never be released,” Morrogh said.
“I hope and pray that the court feels the same way.”
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