Nicholas Stanley, the man convicted of murdering his family member’s molester, on Thursday received an 80-year prison sentence. Stanley’s attorney says he’ll appeal within 30 days.
In a hearing that lasted about 45 minutes, Stanley thanked his supporters, while the victim’s mother shared her emotions. Then Elkhart Superior Judge Michael Cristofeno handed Stanley the maximum sentence for fatally shooting Allen Cogswell last year in a budget motel.
Cogswell had recently been released from prison for molesting Stanley’s relative.
At trial Cristofeno refused to instruct the jury that they could convict Stanley on the lesser offense of manslaughter because he was blinded by rage and acted in “sudden heat.” That's' because the judge felt Stanley knew what he was doing.
After the hearing, Stanley’s attorney, Vincent Campiti, said he remains confident.
“Under Indiana law, and under a couple Indiana Supreme Court cases, the threshold of evidence needed to essentially mandate a voluntary manslaughter instruction is low, and I believe that we met it," Campiti said.
Prosecutor Vicki Becker said Stanley misled the community about the danger Cogswell posed for his relative, telling a TV news reporter that he killed Cogswell for what he did.
But Campiti disputes that characterization.
“The comment itself was exaggerated by the prosecutor to gain the support of the jury, because the whole point was simply, he gave an interview because he felt he did the right thing, he was pumped up, thought he had nothing to lose, I think, and wanted to express what he did. It was not an exaggeration of what happened or why, it was more of a pump-up, beat of the chest, because I think you're being interviewed by the media. I suppose in some way that's exciting for someone who'snever been interviewed before and that was the whole point."
As Stanley is transferred to prison, Campiti says he’ll appeal within 30 days. He expects the Indiana Court of Appeals to rule in six months to a year.
