Fox 5 reports that Lee Boyd Malvo, half of the DC sniper duo, has had his life sentence for murder thrown out courtesy of a federal district court judge. The shooting spree, committed almost 15 years ago when Malvo was 17 years old, killed ten and wounded three others. The State of Virginia put the other half of the murdering duo to death in 2009 for the crimes.
FOX 5 has learned a federal district court judge has overturned the sentence of Lee Boyd Malvo, one of the two people convicted in D.C.-area Beltway sniper attacks nearly 15 years ago.
Malvo had been sentenced to life in prison without parole for the sniper-style attacks committed around the region in October 2002 along with John Allen Muhammad. Ten people were killed and three others were shot during a three-week period.
The judge ordered a Spotsylvania County Circuit Court to re-sentence the murderer for his crimes.
In 2012, Malvo claimed that his accomplice in the shootings sexually abused him. He made this claim in an interview with the Today Show:
In an exclusive television interview with TODAY’s Matt Lauer, D.C. sniper Lee Boyd Malvo claims that he was sexually abused by John Allen Muhammad, the mastermind behind the sniper attacks that terrorized the nation’s capital in 2002.
“For the entire period when I was almost 15 until I got arrested, I was sexually abused by John Muhammad,” Malvo said.
“I felt a sense of shame, and I just said, ‘That’s just something that I’d never tell anyone.’ And to a certain extent, up until that point, I really couldn’t handle it.”
That’s a pretty sad job of playing the role of the victim. He and his accomplice Muhammad shattered the lives of hundreds of people and terrorized millions in the DC-area during their murder spree. He deserves to never be outside of a prison again.
Give me an effin break
Makes me wonder why the State of Virginia wasted time on a jury trial. They should have just called up this enlightened federal judge and had him/her set Malvo’s sentence. Our criminal justice system has become a joke thanks to the federal mob in black robes.
OK Let me explain this for everyone, TAG can’t be bothered to do the research. This ruling really had nothing to do with Malvo. It has to do with a SCOTUS ruling that MANDITORY life sentences are NOT ok for people under the age of 18. NOT that life sentences are not appropriate, but MANDITORY ones are not. The jury could NOT give any other sentence. He can still get life at the rehearing; He could have gotten life at the original trial if there were other options. It is not just about Malvo. 14 year old kids were getting life sentences because judges had no other legal options regardless of intent. He is NOT being released and he can still get life.
Thank you, that’s much clearer.
20 years for each killing and 10 years for each shooting, to be served consecutively, would be 230 years. Eligible for parole after serving 25% of the total sentence.
They can dig up the other guy and powder his bones to punish him for the sexual misconduct.
What he deserves is a bullet to the back of the head. Sadly, then left wing courts seem to think that they have the authority to override a jury handing down sentences.
What he deserves is a blood eagle. You are far to merciful.
It is fortunate for him then, that the Viking’s didn’t have a say in his punishment. Having one’s lungs pulled out through the bottom of their rib cage while still alive is a truly egregious torment indeed. Hard to believe that such a treatment was concocted by the ancestors of the now “timid” Scandinavians.
The blood eagle likely never happened. The only extant sources for it happening were written by anti-viking authors who had axes to grind.
No, United States Supreme Court ruling from 2005, Miller v. Alabama. Or do you think judges who follow SCOTUS rulings are now the activists
When the rulling is based on a legal fiction? Yes. Besides, I question the validity of any rulling where the majority is decided by justices appointed by an illegitimate president.
On top of all that, Miller was based on a lack of intent. I don’t think there’s an intent question in this case.
“We therefore hold that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on “cruel and unusual punishments.”
Don’t see anything about intent in that.
Look at Bryer’s concurring opinion. His swing vote was based on intent.
Relax, from what I can gather, they just need to review the sentencing, he can still get life.
I’m not clear what legal fiction you’re referring to. It can’t be the alleged illegitimacy of the appointing president, because you set that apart with “besides.”
Neither can it be the matter of intent or lack there of, because you set that apart even farther down your response with “on top of all that.” So what is the fiction?
As to Breyer’s concurring opinion, his argument was that the standard should be that the sentencing court must find that the minor defendant actually killed or intended to kill the victim, in order for the State to pursue a life without parole sentence. Failing that, life without parole for a minor violates the Eighth’s prohibition on cruel and unusual punishment. Minors are inherently and constitutionally different beings.
That’s only a concurring opinion, however, and does not carry the force of law. If the Majority had agreed with Breyer’s reasoning, then that additional determination requirement would have been included im the Majority’s opinion. They did not and it was not. Breyer is the one who voted with the Majority.
Ultimately, his reasoning is his own. You cannot attribute his reasoning to the Majority and their opinion. His vote only signifies his agreement with the result. It does not signify the Majority’s agreement with his reasoning.
If, after all this, it turns out by left wing court voiding the jury you meant SCOTUS and not today’s appellate court, then you might be on to something. As for this coury, it looks to me like they’ve lawfully followed SC precedent (even though I disagree with that precedent).
OK here is the problem “Under Virginia law, a capital murder conviction requires either a death sentence or life without parole. Prosecutors sought a death sentence, but a jury opted for life in prison.” So i was a MANDATORY life sentence. That is not good to go based on the Miller ruling. Can’t have that for people under the age of 18. Can still have life, just can’t be the mandatory sentence.
To claim that a mandatory life sentence in Malvo’s case is “cruel and unusual punishment”, given the crimes for which he was convicted, is absurd on its face.
It’s based on the legal fiction that a life sentence is eithe cruel or unusual. Then again, his only other option under statute is a death sentence.
Except for their recommendations in death penalty cases, juries do not hand down sentences, judges do.
Pretty sure I sat on a sentencing phase jury.
It’s a matter of state law. Missouri, for example, has jury sentencing in most cases tried to a jury.
Im all for him getting re sentenced. What in the everlasting f>ck are we keeping this piece of sh!t alive for?
New sentence? Death. To be carried out immediately.
If you want an example why the death penalty is preferred to a life sentence, this is it. Liberal judges cannot bring back the dead.
We need to hang scum like this AND the liberal judges right beside them on the same gallows. Getting rid of multiple problems with cost effective ropes.
He just may become a hero – sexually abused, gay, black, promising college career shattered, could have been Obama’s son… Has all the requisites for being a modern hero (hasn’t changed sex yet, but coming soon).
Don’t forget, the Left will lionize him once he’s out. They’ll roll out the red carpet and he’ll become very wealthy. Is this a great country or what?
Well I don’t know. I’d probably be a bit crazy too if I were 15 and being molested by some Islamist POS like the DC Sniper.
But then again, at what point and at some age the kid had some agency to try and resist. Hard call I guess.
Perhaps, but if you can’t sort out that shooting people for fun is wrong, prison (or worse) is still the proper treatment.
People forget that prison is for the benefit and protection of society, not the criminal.
I don’t know about anyone else, but it’s obvious that at least some of the time this murderer had possession of a loaded rifle while in his accused tormentors presence, and he has already demonstrated the capacity to kill. Based on that, at some point his association and sexual relationship with the accused was consensual.
Pop psychology and bleeding hearts aside, if someone is raping you while you have the only gun in sight, you’re into it, and it’s not rape.
Someone else might get a pass on not shooting their rapist, but this guy kills people, so a pacifist or conscientious objector he’s not. He not only failed the whole escape, summon help or shoot to stop the attack part, but participated repeatedly in a morally outrageous activity, over the course of what, months?
Being psychologically dominated and sexually abused by someone can seriously mess up your head, sure. However, we require, rightly, that you not attack others at the behest of your abuser. Having demonstrated the capacity for premeditated murder of random strangers, his defense is both absurd and insulting.
This reminds me a little of a defense to a sentence of death by a sicko here in Ohio. He killed a 6 month old baby by raping it to death. His defense? He shouldn’t be sentenced to death because the death was manslaughter, not murder. He only meant to rape the baby and death was simply incidental to that crime. I’m all for a good defense, especially for the guilty, but that defense, and this one deserve a special penalty. Ohio gave the sicko above a hot shot, and that is precisely what this garbage needs, kill him.
Personally, I’m sick and tired of crime victims, their families, and law-abiding society as a whole being sexually abused (figuratively speaking) by these activist judges.
Had the targets been corrupt politicians and attorneys (which is almost all of them), I would argue that he deserves a medal. Alas, he targeted random people so he should get the chair … or the needle … orrrrrrr the noose … oh heck just put him in front of a firing squad.
Firing squad is far too honorable a death. Romans had something better. Crucifixion or even ritual strangling would fit this shitweasel much better. Think of the crime deterrent of those two punishments on the criminal populace.
The only reason for the re-sentence is due to a supreme court case Miller v. Alabama from 5 years ago. Two 14 year’s were sentenced to life, one for being out side when two other kids he was with shot a video store clerk and the other for torching a dug dealer in his trailer (after the drug dealer sold the same kid some drugs). This has nothing to do with the sniper’s previous history or some activist judge.
The fact that someone happened to be a few days short of an arbitrary date (18th birthday) and thus is able to be released back into public to kill again is cause to be upset as far as I’m concerned, even if that precedent has already been set.
Elements of society can’t admit that some people are beyond redemption and or don’t deserve the chance. To do so would be to admit that even in their fantasy utopia, evil people, or people doing evil things will still be with them, and some solution to the problem will still be required. Even if everyone gets a happy childhood, 2.5 cars and a house in the suburbs, murder and mayhem will continue. Even if everything any nutcase comes up with is tolerated, and we respect everyone’s feelings, murder will still be a thing, and thus punishment and self defense will still be a thing.
I can feel sorry for someone’s circumstances, and still see they need to die, or at least be caged away from the rest of society until time does the job for us.
Compassion is for the innocent. Punishment for the guilty. This is so self evidently true that it required no explaination for thousands of years of human civilization. It’s just one more sign of the end: people have lost sight of obvious and immutable truths: some people can’t or won’t get along, and it’s ok to get rid of them, by whatever means prove expedient.
I guess Dylann Roof can claim to have been molested and have his sentence overturned, too ?
If you are under the age of 18 and given a life sentence for anything, that will be overturned and the court will have to issue a new sentence.
Okay, thanks. I Googled it to get more info.
Won’t the sentence be overturned if it was “Life without parole”. Not just a life sentence?
Iowa had the same issue. The solution was fixed sentences several decades long so that the convicts would be eligible for Social Security by the time they were released. The leftists weren’t happy about that since they had expected the usual slap on the wrist.
Fixed sentences for people under the age of 18 is what got us into this mess
If anyone runs across a link to the ruling today (not the prior SCOTUS rulings), please post the link.
Miller V Alabama is not a good precident for this argument. MvA decision exludes murder
Funny, the ruling was for two murder convictions cases.
Fellow inmates or amoral attorneys educated him in concocting a good excuse for his evil behavior. Happens all the time.
The attorneys for a Canadian man executed in Texas years ago tried to mitigate his death sentence because the elderly victim was wealthy (and thus probably deserved to die).
Criminal defense attorneys and trial lawyers are the lowest form of scumbags.
But folks like us with guns are scary and need to be disarmed immediately, on pain of lengthy prison terms!
We’re living in upside-down world folks.
Really???!!! This… This is why we can’t have nice things! Like spree killers locked up in jail and safe communities… SMH…
I don’t like the idea of the death penalty re: the state having that power of life and death
…but cases like this make me see it as a necessary evil, because there is no such thing as “life in prison,” even for the most obviously guilty offenders.
I hope he gets out. A deplorable will find him soon.
thats surprising! i figured he would have been executed given this happened ten years ago and he was mercing people not to long after 9/11. Fuck that guy. why is STILL breathing?
Good lord the judicial system in this country is just a Fuckin joke.
With a quadrillion laws put into effect since the beginning of this nation judges can just make stuff up now.
What’s the over / under on how long he lasts if they let him loose? I bet he’s found face down in a ditch within 6 months….accident of course.
Maybe in a red state, but not in DC. No, I would expect he will make a few million off of the rights to his “story”, which will be pure fiction to sell books to people with a degree from Berkeley. Perhaps half a decade later, he will be charged with another set of murders, and maybe then, he will really be given a life sentence. Yep, as someone said earlier, the US criminal justice system has become a joke which is virtually controlled by political operatives of the Democrat Party.
They are not going to let him go. He will be re sentenced to multiple life terms and some years and he’ll never make parole. He will never see the light of day again.
This is the most likely scenario Klause. He’s not skating on 10 years for mass murder and terrorism. This is a formality. Mandatory life for a minor offender must be reviewed and resentanced. There is nothing stopping him being sentenced to life without parole again, which is almost certainly what will happen. What is unfortunate is that it’s unlikely this opportunity will be used to sentence him to death, which would be both appropriate for his crimes, and has a certain poetry to it.
1. The judge cited the ability to rehabilitate a young offender. This sounds stupid since the judge should focus upon justice for the victims.
2. The judge was appointed by Bill “horn dog” Clinton to the federal system.
3. Hopefully Virginia will do the right thing.
The picture/image at the top of this thread ‘is not’ Malvo. How can this inaccuracy take place? Or, what is the purpose of speaking about one person, then posting a picture of another person?
Please help me understand.
Maybe Malvo doesn’t belong in prison for life. Maybe the judge does.
There are more than a few judges across this country that resemble your remark.
I can’t stand how the media would refer to the person who came up with the idea as the “mastermind” or how they refer to them as snipers.
These guys clearly weren’t smart, or else they would’ve eluded capture, and calling them snipers is an insult to actual snipers.
I hope he gets sexually assaulted a lot more. He deserves it.
The Communist Khmer Rouge used and abused children so they would kill a quarter of the population of Cambodia. Children were and are used still in Africa. I believe they prefer 6 or 7 year olds as soldiers.
They are evil and so is Malvo. The judge and lawyers are enablers of evil.
How about a 20 year non parole period for each murder and 10 years for each attempted murder? To be served consecutively so it is not life without parole but rather 230 years…
To shamelessly steal from The Bard “Would a life sentence by any other name be as cruel and unusual?”
I was thinking the same but you beat me to it.
Could it be in fact, that this may be a young man of good character? Why, I bet he was just beginning to get his life on track, perhaps go to college. After all, he did go to church every day… yes, we need more money for programs to help these underpriveledged youths…
He din du nuffins?
I’m ok with this, let him out on his 97th birthday instead.
Re-sentence? Life in prison too harsh? Ok, instead of life how about 20 years for each victim served sequentially without chance of parole? That would make him about 220 years old when he’s finally released.
Was it really so hard to get a picture of the right sniper?
POS shoukd have been 6 feet under years ago.
Waitasec, folks…why is this guy even alive in the first place? “Bubba” generally takes a dim view of people who shoot innocent children, like Lee Boyd Malvo did. Or did the authoritahs put Malvo in solitary?
If that really is the case he could have turned the weapon on his abuser, no sympathy from me, he should’ve been executed right alongside the other one.
Maybe I’m in minority regarding the death penalty. I have no problem with it if it uses torture and pain for extended periods…like months and years. Death by lethal injection is too easy and painless. Life in solitary in a 3×3 cell so you can’t lie down straight is appropriate for this boy-man. Not a bullet in the back of his head but pulled out fingernails and a glass rod up his Johnson.
Not a fan of the “no cruel and unusual punishment” in these clear cut cases.
You sound like something we go to war to stop in the world.
Give him another shot at it.
It would be awesome if he could be re-sentenced to death row. Sadly, he will probably get a lengthy but still less severe sentence. He and Matt Lauer can have conjugal visits.
Anti American pro Muslim BLM strikes again as long as its whitey