Shepard's Killer Gets Life
By George Lane
Denver Post Staff Writer
Nov. 5 - LARAMIE - Convicted killer Aaron McKinney will not face the death penalty, and it's because the mother of his murder victim wanted it that way.
A day after McKinney was found guilty of felony murder in the death of University of Wyoming student Matthew Shepard, District Judge Barton Voigt on Thursday announced a sentencing agreement that will send McKinney to prison for two consecutive life terms.
The stunning development - the jury that convicted McKinney was set to begin the sentencing phase of his trial Thursday morning - followed communication between Judy Shepard and defense attorneys, and a subsequent request by Shepard that prosecutors drop their pursuit of the death penalty.
"I will never get over Judy Shepard's capacity for forgiveness,'' prosecutor Cal Rerucha said. "What she said is Matthew stood for something, and that is tolerance. She said it would be wrong for us to go for revenge rather than justice.''
On Wednesday, McKinney was found guilty of two counts of first-degree felony murder, second-degree murder, kidnapping and aggravated robbery on the Oct. 7, 1998, pistol whipping that caused the gay student's death. He was left, battered and bleeding, tied to a fence outside of Laramie and was not found for 18 hours.
During the sentencing phase of the trial, Rerucha was expected to make the case that death was the appropriate punishment. McKinney's defense attorneys were expected to plead with jurors to imprison him for life.
But it was Judy Shepard who gave the word Thursday morning that the killer's life should be spared.
"We have reached an agreement,'' Voigt told the jury and a packed courtroom more than an hour after the sentencing hearing was scheduled to start.
The judge said the agreement called for the state to dismiss McKinney's convictions for first-degree felony murder-kidnapping and second-degree murder. The convictions for first-degree felony murder-aggravated robbery and kidnapping will stand, and McKinney will be sentenced to one term of "natural life'' for felony murder and another term of "natural life'' for kidnapping.
The terms must be served consecutively, and McKinney waives his right to appeal the convictions or the sentences, the judge said.
Before Voigt officially imposed the sentences, McKinney exercised his right of elocution - speaking to the court without being sworn or cross-examined - and spoke for the first time during the trial.
"I really don't know what to say other than I'm truly sorry to the Shepard family,'' he said as he stood before the judge and jury. "Not a day goes by (that he doesn't think about his crime).''
Dennis Shepard, the murder victim's father, also spoke to the court, the jury and McKinney. The father's remarks were so strong that he choked up with emotion several times as he read them, and several members of the jury were brought to tears.
"Ladies and gentlemen, a terrible crime was committed in Laramie 13 months ago,'' Shepard said. "Because of that crime, the reputation of the city of Laramie, the University of Wyoming and the state of Wyoming became synonymous with gay-bashing, hate crimes and brutality. ...
"Yesterday, you, the jury, showed the world that Wyoming and the city of Laramie will not tolerate hate crimes,'' he continued. "Yes, this was a hate crime, pure and simple.''
Shepard also told McKinney that he, his wife and Matthew all believed in the death penalty and that he would "like nothing better than to see you die.''
"However, this is a time to begin the healing process,'' he said. "To show mercy to someone who refused to show any mercy.''
In a news conference outside the courthouse, Rerucha said Judy Shepard persuaded him to drop the death-penalty request and take sentencing out of the jury's hands.
Representatives of several gay-rights organizations monitored McKinney's murder trial, and each of them said Thursday that he was pleased with the outcome.
"The dignity and grace shown by the Shepards in their offer should be a lesson to everyone about mercy, tolerance and respect,'' said Jeffrey Montgomery of the Triangle Foundation.
"I couldn't help but get emotional at the thought that Judy Shepard saved his life,'' said David Smith of the Human Rights Campaign.
The trial jury was bused from the courthouse and back to the hotel where the jurors had been sequestered. They offered no official comment on the trial.
However, in the parking lot of the hotel, the jury foreman said, "I think, all around, justice has been served.''
He also said that the jury spent most of its 10 hours of deliberations discussing the premeditated murder charge. McKinney was acquitted on that charge and found guilty of second-degree murder.
Some members of the Denver gay community said they were not angry about the outcome of the McKinney trial, unlike the Russell Henderson case. When prosecutors offered Henderson a plea bargain, the horrific events of Shepard's death could not come to light, said Julie Tolleson, a cooperating lawyer with the Colorado Legal Initiatives Project, a gay and lesbian legal group.
During McKinney's trial, the anti-gay malice of the crime was shown in broad daylight, effectively illustrating the civil rights at issue in the Shepard murder, Tolleson said.
"This was a far more satisfying outcome than the Henderson plea because the nature of the crime was at least aired and not swept under the rug,'' she said.
Denver Post staff writer Peggy Lowe contributed to this report.
Thank you for visiting the Coloradans United Against Hatred Website