SD jury sentences man to death in carjack killing

Published on NewsOK Modified: April 14, 2014 at 9:06 pm •  Published: April 14, 2014
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SIOUX FALLS, S.D. (AP) — A man with a history of mental illness was sentenced to death by a jury on Monday for killing a South Dakota hospice nurse as part of a plot to assassinate President Barack Obama.

James McVay had pleaded guilty but mentally ill to a murder charge in 2012 in the stabbing death of 75-year-old Maybelle Schein. The Sioux Falls jury chose the death penalty, though jurors could have sentenced him to life in prison without parole.

McVay, 43, said he killed Schein and stole her car as part of his plan to drive to Washington and kill the president.

Authorities said McVay walked away from a minimum-security prison in July 2011 in Sioux Falls and was mixing cough syrup and alcohol when he climbed under Schein's slightly open garage door, entered her house, killed her and drove away in her car.

After Schein's car was reported stolen, police used a tracking service in the vehicle to find McVay on Interstate 90 near Madison, Wis. He was arrested after a brief chase.

Madison Police Officer Kipp Hartman testified that he was trying to get McVay to reveal his name when McVay began saying he "killed a little old lady" in South Dakota and stole her car to get to Washington, D.C., to kill the president.

Prosecutor Aaron McGowan said McVay stabbed Schein nine times, with the final blow cutting her vocal cords and carotid artery, causing her to bleed to death within 16 seconds.

But public defender Traci Smith on Monday said McVay's characterization by the prosecution as monstrous didn't square with the facts of the case or his history, the Argus Leader reported.

Smith said McVay's mental health wasn't properly monitored or cared for by the prison staff. She added that McVay poses no threat when his illness is cared for.

"The state has continually downplayed the effect of mental illness," Smith said.

The jury, made up of seven men and five women, agreed last week with prosecutors that McVay's crime met two aggravating circumstances that would allow the state to impose a death sentence.

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