The Virginian-Pilot
©
CHESAPEAKE
A jury on Tuesday recommended a sentence of 38 years and six months in prison for James Boughton Jr., the Chesapeake man convicted of shooting two Mormon missionaries in 2006.
Judge Randy Smith is set to formally sentence Boughton in April for the first-degree murder of Morgan W. Young, the malicious wounding of Joshua Heidbrink and the attempted malicious wounding of Gregory Banks Jr.
The jury's recommended sentence is near the minimum that could be imposed.
Prosecutors had pleaded to send Boughton away for life.
"When you point a 9 mm at three men's heads and pull the trigger, then you deserve to be in prison for the rest of your life," argued Commonwealth's Attorney Nancy Parr.
The jury recommended a 20-year sentence for the murder; five for malicious wounding and six months for the attempted malicious wounding. Three related firearm charges carry a mandatory 13 years in prison.
Heid brink, a 22-year-old from Greeley, Colo., said the shooting has changed him. He was the first person to testify during Tuesday's sentencing phase.
"Can you find it in your heart and soul to forgive this man?" Andrew Sacks, Boughton's attorney, asked.
Heidbrink replied, "It's an ongoing process. I hope to."
Heidbrink and Young were in the Deep Creek neighborhood proselytizing door to door when they were shot the night of Jan. 2, 2006. Young, a 21-year-old missionary from Bountiful, Utah, died of a gunshot to the head.
Sacks asked his mother, Kathy Young, whether she, too, could forgive.
"Mr. Sacks, I don't think it is a question of forgiveness but one of overwhelming sorrow for the things he has done and all the people he has hurt," she replied.
Morgan Young was the oldest of her four children. He was a few months away from finishing his two-year mission.
Mark Young recalled the last time he talked with his son. He said it was Christmas Day 2005.
"I told him I was proud of him and I loved him very much," the father testified.
Parr told the jury during closing arguments that Boughton made choices that night and deserves the maximum punishment.
"How much of a second chance did he give Morgan Young when he pointed a 9 mm to his head and pulled the trigger?" she asked the jury.
Sacks called nine witnesses on behalf of Boughton, including his mother and sister. They described him as a bright student who earned high school credits in middle school and took honor classes. He earned an Advanced Studies Diploma, said Melanie Turner, a guidance council at Deep Creek High.
"He was a very promising student," she said.
Sacks said his client, who was 19 at the time of the crime, lived a crime-free life, except for a DUI conviction.
"He's a good kid," Sacks argued. "He went bad. He made a mistake, but that doesn't mean we throw him away forever."
He was struck by prosecutors' call for a maximum sentence, arguing that the commonwealth was lucky to get a conviction at all after the jury deliberated over three days for 13 hours.
"We are not a vengeful society," Sacks argued. "We are not a lynch mob society."
John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com
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Another tragedy
This young man committed a horrific crime and should be severely punished. What I want to know, is where were his parents? Did they know, or did they care, what their son was doing? Almost every day, i hear about crimes committed by young people. Is parents so busy that they don't have time, to know what their kids are doing? Television and video games are no substitute for parents. Why aren't parents teaching their children the difference between right and wrong? There is a mother and Father somewhere, that failed this young man, They are just as guilty as he is.
Defense Attorneys
Yup, they are necessary, even for this guy. Our justice system may not be perfect but it's a lot better than lynch mob justice and defense lawyers are part of our system.
Even this guy, who has done more harm in his crappy lifetime than the good that two or three people could do in their entire lifetimes. He's perfect chain gang material. I think in my own mind I'll give Sacks the benefit of the doubt and chalk up his "just a good kid" comments as him "just doing his job" as a defense attorney.
And we are not a lynch mob society. An example of a lynch mob society would be the judge and bailiffs walking away and saying "see y'all in an hour, whatever happens in the meantime happens, wink wink."
daniell...
The Constitution allows for due process of law and the premise that he is innocent until proven guilty. Suppose he hadn't done it? He'd have lost 38.5 years of his life and we'd have misspent untold amounts of money incarcerating an innocent person (like that hasn't happened before!) while the actual killer would still be at large...
As for the sentencing - well, take that up with the judge and jury. They go by whatever guidelines/precedents that are available. If you're that inquisitive, you should do some research...
Just because the crime was perpetuated on a missionary does not mean the rules of the game change...
On defense attorneys
We have a little thing in this country called justice and along with this justice is the presumption of innocence until proven guilty. Defense attorneys are a necessary and in many cases noble part of this system. To question and blame them for simply doing their jobs show a dangerous ignorance or a penchant for dictatorships--either motivation should be stamped out. Show some common sense.
Patriot, a little common sense
The reason he did not get charged with a hate crime is that it wasn't one. The guy's motive was apparently to eliminate a witness not hatred of whatever group you have in mind. Whites, I assume from your focus on the murderer's race.
BTW: You should change your name too. I don't think that means what you think it means either . . .
Disgracefull!
Why was hate crime not added? Oh yeah the victim was white! So with good behaviour and our governor wanting to cut spending he should be out in 16 years.
murdered missionary
Perhaps if it would have been a Baptist preacher instead of a Mormon it would have been life without parole.
Killer or defense attorney, who is worse?
Anyone that takes another "completely innocent" persons life deserves nothing short of the death penalty in my opinion. What I would like explained to me is what kind of person could possibly want to defend these cold hearted killers? How do they (defense attorneys) manage to sleep at night when they get these, people?, off with such a light sentence. Yes, 38 years of somebody else taking care of your every need, food,recreation, medical, T.V. librarys etc. Don't sound as bad as losing your life for no reason other than your clients total disregard for human life. Yup, only one person worse than the killer and that is his attorney. That's just the way I see it.
murder plain and simple
ok maybe i can learn to spell on this one :P
again if he was such a fine young man why was he dealing drugs and why did he take a life ? he took a life of a young missionary. missionaries would not hurt a fly. this boy deserves at the very least life in prison. va should be ashamed. he chose to shoot an inocent young man in the head, the last time i checked murder was punished by either life in prison or lethal injection. this case needs to be retried people....... 38 years ??????? very very sad.
38 years not enough for cold bloodied killing
Boughton had a 9mm gun, he had the opportunity to not pull it out. Why does such a "fine" young man have a gun of this nature much less a gun at all? Dealing in drugs is a bad thing period. He did not have to shoot these "so-called" witnesses at all. But he did. Killing one of them. He clearly knew what they were doing and elected to take a life. Death penalty clearly should have been on the table. Very very sad...