On the Beat in Bluffton

Tuesday, October 4, 2011

Sentencing for murder

Now that a jury has found Tyler White, 29, of Bluffton, guilty of murdering his estranged wife, Amy, the judge will sentence him at 9 a.m. on Monday, Nov. 14.

Because he killed his wife while she was pregnant, he could also receive "enhanced sentencing" for the termination of a pregnancy.

In making his decision, the judge will follow Indiana code 35-50-2-3.

Sec. 3. (a) A person who commits murder shall be imprisoned for a fixed term of between forty-five (45) and sixty-five (65) years, with the advisory sentence being fifty-five (55) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), a person who was:
(1) at least eighteen (18) years of age at the time the murder was committed may be sentenced to:
(A) death; or
(B) life imprisonment without parole; and
(2) at least sixteen (16) years of age but less than eighteen (18) years of age at the time the murder was committed may be sentenced to life imprisonment without parole;
under section 9 of this chapter unless a court determines under IC 35-36-9 that the person is an individual with mental retardation.

According to the prosecutor's office, there is no possibility that Tyler White will get life without parole because his case didn't meet the circumstances that would make him eligible. Also prosecutors must make it known before the trial that they are pursuing such a sentence. The Indiana code explaining the circumstances behind that can be found
here. Scroll down to the section titled "Death penalty sentencing procedure."

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