Saturday, April 30, 2016

Sentencing Hearing

Just 4 days after the 5th anniversary of  Mom & Dad's deaths we finally have come to the end of the road. At least for now. As we saw today, the possibility of new trials will most likely continue to loom over us. And then there's the thought that someone else was involved with Jose. If detectives are able to charge this other person, that would mean a whole other trial.

Right now, I choose not to dwell on those possibilities.

When we arrived at the courthouse today, prosecutors told us that the defense would be introducing 2 motions. One for an acquittal and one for a new trial. They said there had been a ruling in another case before the Missouri Supreme Court that occurred after this trial and the defense felt it would support their case for either an acquittal or new trial. This made me very nervous. I was not expecting that to happen!

We had to listen to arguments we had heard twice before in different hearings. Then the defense brought up the Missouri Supreme Court ruling that he said supported their position. Of course, the prosecutor brought out facts of that case the defense had omitted. In the end, the judge ruled against them. Big relief!

Then came time for considering the sentencing. My Uncle Jay Willingham, Dad's younger brother, spoke first. He talked about the impact Mom and Dad had on the lives of all their siblings and also on every community they ever lived in. Everywhere they went, they allowed the light of the Lord to shine through. Uncle Jay was visibility shaken. I know how much he looked up to both Mom and Dad. Then my cousin Cindy talked about the day they died and how it had impacted her life. Then it was my turn.

My brothers had decided I should speak on their behalf as well as our children and my grandchildren (yes, I'm the youngest but the only one with grandchildren yet). I talked about the impact that Mom and Dad had on all of us. My brother ,Stephen, had lost his best friend, our Dad. They would talk for hours nearly every single week. The long conversations we all had with Mom and Dad. Many deep spiritual conversation. We could always go to them for advice. And not just us but our children, too.

Even though most of their grandchildren were in their 20's at the time of their deaths, they were very close to them. I know my kids had many long conversations with them regarding Scripture, and other spiritual matters. They had deep relationships with their grandchildren!

Only one of their great-grandchildren had been born before their deaths. Three more have come along since then. They will never have the benefit of having those talks with Mom and Dad. They will have to rely on our telling of memories in order to know them.

After talking about all this I said that even though this was supposed to be a victim impact statement, I needed to stress to the court that our parents were not victims. Just as Jesus lived in victory even when He was nailed to the cross, Mom and Dad lived in victory because they served Jesus. God was in complete control of their lives. Jose would not have been able to touch either of them if God had not allowed it. His angels were itching to get into the fight but God held them back that morning. We do not know why God allowed it but we do know that He has a plan and we trust that plan. He will use this horrific evil act for good.

I also stated that God has a plan for Jose's life, too. It is our hope and prayer that Jose will respond to God's call and follow Him no matter what happens to him or where he ends up. I told the judge that we know he will be fair and just in giving his sentence and we will respect whatever that sentence is. No amount of time served will bring Mom and Dad back.

At this point, both sides stated their thoughts about what the sentence should be. After just a few minutes the judge gave his decision: 1st degree felony murder, count 1 - Life; 1st degree felony murder, count 2 - Life to be run consecutively to the first sentence. Felony burglary - 15 years to be run congruently with the first Life sentence. Then the judge added that the 1st Life sentence would run consecutively to the burglary sentence he is currently serving. I forgot to ask the prosecutor how much longer he has to serve on that sentence but it does mean that the time he has been serving while awaiting trial will not count toward this sentence.

I felt so many emotions at that point! Relief was the biggest. When I heard the word, "consecutive" on the second Life sentence, I was elated. We really didn't expect that. If the courts continue to treat the parole possibilities the same as they do today, it will be 51 years before Jose will be eligible for parole.

I do pray that Jose will choose to turn his life over to the Lord. I hope he has an awesome prison ministry! I sincerely meant it when I said that God has a plan and a call on his life. He has a plan for each one of us if we will just choose to answer His call.

Ephesians 2:10 (Good News Translation)

God has made us what we are, and in our union with Christ Jesus He has created us for a life of good deeds, which He has already prepared for us to do.

Jeremiah 29:11 (New Living Translation)

For I know the plans I have for you, "says the LORD. "They are plans for good and not for disaster, to give you a future and a hope.

11 comments:

  1. Thank you for sharing Donna. You have been an inspiration to me and many others in this situation. Lonnie

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    1. Thank you Lonnie. It's been therapeutic for me to share. Thanks for reading it!!

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    1. Thank you, Sheila. The trial and sentencing were much more difficult than I ever thought it would be. Writing about it really helps me. I am always glad when it touches someone else, too!

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