Two years ago, Mary Lyons Felton watched in Forsyth Superior Court as the man who had cut and strangled her son and thrown him out a second-floor window pleaded guilty to second-degree murder.
Aaron Jarrett Jr. was sentenced to 31 to 38 years for killing Philnando O'Neal, Felton's son, on the afternoon of Jan. 20, 2006.
She opposed the plea deal, and she wants stiffer punishment for anyone who pleads guilty to second-degree murder.
Jarrett had a criminal record, which played a role in the length of his sentence. But for many families, that wouldn't be the case.
Currently, the minimum sentence for second-degree murder is seven years and 10 months. Felton is pushing to change state law to move second-degree murder from a B2 felony to a B1 felony, which would increase the minimum sentence to 12 years.
"The law as it is now, someone with no criminal record can get as low as eight years as a result of a plea," she said. "That sends the wrong message to the victim's family members."
Felton, who lives in Elizabeth City, has lobbied elected officials since 2008 for stronger punishments for second-degree murder. The same day her son's killer pleaded guilty in February 2009, Sen. Ed Jones, D-Halifax County, filed a bill dealing with second-degree murder.
The bill didn't go anywhere, and Jones is planning to introduce a similar bill in this session of the N.C. General Assembly.
Jones could not be reached for comment this week, but the legislation has gotten the support of the N.C. Conference of District Attorneys.
Prosecutors and the families of victims often have a hard time accepting the sentences for second-degree murder, said Peg Dorer, the director of the district attorneys group.
"Victims have been very outraged in some cases, and prosecutors have a hard time explaining the gap," she said.
Dorer said the change would give prosecutors more flexibility and might result in fewer first-degree murder cases. Prosecutors might be more willing to charge a person with second-degree murder or offer a plea deal, if they knew the sentence would be stiffer.
Forsyth County District Attorney Jim O'Neill said he supports any legislation that increases the punishment for people convicted of murder. But he said he always lets victim's families know that no sentence will bring complete closure.
"One of the things we always explain upon meeting the families of a murdered victim is that no matter what we do, it's not going to bring your loved one back," he said.
Felton said the bill would help reassure families that prosecutors are truly seeking justice — as opposed to just trying to close the case — when they go for a second-degree murder plea.
"I believe it would send a message that life is precious," she said. "I think it would deter murdering in the state of North Carolina."
mhewlett@wsjournal.com
(336) 727-7326
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