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North Dakota

100-year prison sentence overturned for Minot man who killed his father – InForum

BISMARCK – A 100-year sentence for a Minot man discovered responsible of killing his father in 2019 has been overturned.

The North Dakota Supreme Court dominated that the sentence handed on Christopher Alan Vickerman, 32, final yr was illegal, in keeping with a press release launched Thursday, November 10. A brand new sentencing listening to was not scheduled till Friday.

Vickerman confronted life in prison with out parole after a jury discovered him responsible of fatally taking pictures 55-yr-outdated Mark Vickerman on May 10, 2019.

Ward County Judge Douglas Mattson sentenced Vickerman to 100 years, although he solely needed to serve 80 years if he didn’t violate the phrases of the supervised parole for 5 years after his launch. The defendant additionally had practically three years’ credit score for time served whereas awaiting trial.

The two Vickermans had a tough relationship and feuded over enterprise, cash and custody of Christopher Vickerman’s youngsters, the Minot Daily News reported. The protection claimed Christopher Vickerman was schizophrenic and had no management over his actions, however prosecutors mentioned no psychiatrist discovered him unfit, the paper wrote.

Prosecutors additionally claimed Christopher Vickerman deliberate the homicide for months, the Daily News reported.

Mattson known as Christopher Vickerman’s habits “despicable” in keeping with court docket paperwork. The decide mentioned he imposed the lengthy sentence to make it tougher for the North Dakota Department of Justice to launch him early, court docket paperwork say.

Defendants discovered responsible of homicide can apply for parole after serving 85% of their sentence. When an individual is sentenced to life imprisonment with the opportunity of parole, judges are supposed to find out a convict’s life expectancy in order that the DOCR is aware of the anticipated launch date.

Vickerman was scheduled to be launched from state prison in 2087.

If the decision stood, Vickerman would have served 66 years and can be 96 when he was eligible for parole. Vickerman’s appellate lawyer Robert Martin argued that Mattson gave Vickerman a sentence that exceeded his life expectancy.

The state Supreme Court agreed.

Martin additionally argued within the state Supreme Court that his shopper deserved a brand new trial. Martin claimed Mattson shouldn’t have allowed prosecutors to carry Mark Vickerman’s statements to the jury, together with one by which the father mentioned the police ought to take care of his son if Mark Vickerman died by violence.

Others testified in regards to the father’s fears that Christopher Vickerman would possibly damage him.

The statements are admissible in court docket as a result of they present the psychological state of the sufferer earlier than his loss of life, the Supreme Court dominated.

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