Life Sentence Overturned For Teen Murder Suspect

A teenager sentenced to life in prison for the 2014 murder of a  13-year-old boy has had that sentence overturned by the Michigan Court  of Appeals.

Victor Garay was 16 years old when he was convicted by a Kalamazoo County jury for the May 2014 shooting death of Michael Day. 

Police said shots were fired after fights between rival gangs  and Day was hit in the chest. The shooting happened near the  intersection of Lake Boulevard and Race Street, not far from his  family’s home. He died later at the hospital.

Before sentencing, his defense attorney filed a motion to set aside  the verdict, arguing one of the jurors knew an officer who testified and  vouched for the officer’s expertise in firearms. The jurors were also  allegedly using their phones in the jury room.

24 Hour News 8 reports....the Kalamazoo County judge upheld the jury verdict and sentenced  Garay to life in prison. Garay appealed his conviction and sentence.

In a ruling released Wednesday, the Court of Appeals upheld the  conviction, but threw out the life sentence and sent the case back to  Kalamazoo County Circuit Court for a new sentencing hearing. The Court  of Appeals said the Kalamazoo judge used the wrong standard when  sentencing a juvenile to life in prison without the possibility for  parole.

It is possible Garay could still be sentenced to life in prison, but  he could also get a term of years, making it possible for him to one day  get parole. The ruling could also be appealed to the Michigan Supreme  Court.


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