Jurors on Tuesday spared the life of convicted US sniper Lee Malvo, 18, after deliberating less than nine hours on options that included the death penalty for two counts of capital murder.
Malvo, whom the same jury convicted last week for the murder of FBI analyst Linda Franklin, 47, as part of a string of random shootings in and around the US capital last year, sat with one arm resting on the defense table and the other hand covering his mouth as a court official read the sentences.
Defense lawyer Craig Cooley patted Malvo on the back after the sentences of life in jail were read out. Malvo was also fined a total of US$200,000. Judge Jane Roush set the formal sentencing date for March 10 next year.
A different jury last month recommended death for Malvo's adult accomplice, John Muhammad, 42, who was convicted of another murder in the series of shootings.
With the Christmas holiday just days away, Cooley had appealed to the jury in closing arguments on Monday to bring the spirit of the season, traditionally meant to be a time of generosity and charity, into their deliberations.
Cooley quoted the words of the popular Christmas carol Silent Night to tell jurors that "redeeming grace" would come to Malvo despite the gravity of his crimes.
His hand on Malvo's shoulder, Cooley urged the jury to spare the life of "this child," who he said had been led terribly astray by Muhammad whom he trusted as a father figure.
Vijay Walekar, the brother of one of the 10 Washington-area sniper victims, told reporters after-wards he was "not at all pleased" with the outcome.
"I wish he would have gotten the death sentence," Walekar said.
"We go through the pain and suffering every day." he said.
Jury foreman James Wolfcale, a 41-year-old minister, read a short statement expressing sympathy for the victims' families.
"We, the jury, wish to extend a heartfelt sympathy to the victims' families and friends," it said.
Cooley said he accepted that several families of the victims might be angry with him and his colleagues on the defense team.
He said he expected eventually to appeal the underlying convictions for capital murder but gave no details.
Even if the appeal is successful, Malvo faces four possible capital murder charges in other states where he and Muhammad have been linked to shooting deaths, including in Alabama and Louisiana.
Prosecutor Robert Horan said he was "not happy" with the verdict but that it was "the American way." He had argued during the penalty phase of the trial that justice demanded the death penalty, especially since Malvo had shown "not an ounce of remorse" for "vile" crimes.
"If there is such a thing as vileness, that is vileness," Horan said in Monday's closing arguments, adding that Malvo was "no dummy," had shown "not an ounce of remorse" and boasted in letters to a fellow prisoner after his arrest that no prison could hold him.
In coming to its decision, the 12-person jury agreed with Horan, finding both that the crimes were vile or inhuman and that he could commit future acts of violence and posed a continuing danger to society.
But it took into account mitigating evidence which included Malvo's youth and unsettled childhood.
"He [Malvo] does have remorse," Cooley told reporters, adding that Malvo's remorse would increase as he underwent therapy in jail to overcome what a psychologist testified was a mental disorder that caused him not to know right from wrong.
Malvo was 15 and living on his own on the island of Antigua when he met Muhammad, a Gulf War veteran, and was 17 when he and Muhammad roamed the Washington region in an old car with a hole bored in the trunk to shoot human targets.
The killings created a climate of fear that drove many to huddle behind their cars while fueling at gas stations and to keep their children indoors.
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