pronounce sentence. Mr. Thomas,.
Archibald and the defendant.
Would you please rise for the
pronouncement of sentence
based on all the relevant circumstances,
including the evidence and
recommendations presented in court today?
It's the judgment of this court.
Miss follow.
You'll be sentenced as follows.
A first note, I'm going to take up the
counts out of order as I want to address
the substitute of murder sentences first.
So on count 2,
the charge you were convicted oe
the first degree murder of Ty Lee Ryan.
You are sentenced to the custody of the
State Board of Corrections to se
the maximum allowed sentence of fixed
determinant term of life imprisonment
with no possibility of parole.
On count 4, the charge of the ft
degree murder of Joshua Jackson Valo,
you are sentenced to the custody
of the State Board of Correctios
To serve the maximum allowed.
Sentenced a fixed determinant
life imprisonment sentence
with no possibility of parole.
I'll next address the three conspiracy
counts you've been convicted of
and note under Idaho Code 1817 ,
the punishment for those crimes
is the same as the underlying
offenses you combined to commit.
One of the offenses you combined
to commit was firstdegree murde,
so those may be punishable
also by imprisonment for life.
When
I look at what the appropriate sentences
should be for the conspiracy charges,
at first I wondered if they shod
be as long of a term or seriouss
the substantive murder charges.
However, what I've concluded is that these
conspiracy convictions merit the same
grave punishment for several reasons.
First, the conspiracies in whicu
engaged in have had far reaching impacts on
many people besides the deceased victims
and with what the courts heard,
I am convinced that the conspiracy charges
also merit the same serious sentence.
So, on Count 1, the conspiracy o
commit first degree murder of Te
Ryan and Grand Theft by decepti,
you're sentenced to the custody of the
State Board of Corrections to se
the maximum allowed sentence to fixed
determinant term of life imprisonment
with no possibility of parole.
Count 3, The conspiracy to commt
firstdegree murder of Joshua Jan
Valo and Grand Theft by decepti.
You're sentenced to the custody
of the State Board of Correctios
to serve the maximum allowed.
Sentenced a fixed determinant
term of life imprisonment with o
possibility of parole and on count 5,
the conspiracy to commit the fit
degree murder of Tamra Tammy Daybell.
You're sentenced to the custodyf
the State Board of Corrections o
serve the maximum allowed sente,
a fixed determinant term of life
imprisonment with no possibility of parole.
Finally,
the court will address Count 7,
which is the charge of Grand Th.
On that charge,
court is going to sentence you o
a fixed determinant term of five
years of prison followed by an
indeterminate term of five years
of prison for a total 10 year tm
of imprisonment on the Grand Th.
Or will. Next consider whether
sentences should be imposed
consecutively or concurrently?
I generally don't.
I'm a pragmatic person and I've
struggled with the point of a
consecutive sentence when an
Idaho life sentence is just tha,
a life sentence without parole,
and I've thought it through.
However, when I looked at this e
and the more I thought about it,
I've determined that because
there are three separate murders
with three separate victims that
occurred at three separate time,
then running counts concurrently would
not serve the interest of justi.
Because those crimes all need to
be taken into account separately
and distinctly and individually,
and you need to be held accounte
separately for each of the three murders.
So on those counts,
the court will run consecutively
the count 2 murder of Ty Lee Ry,
consecutive to count for the
murder of Joshua Jackson Valo,
and count 5 will run consecutivo
count two and four the conspiray
to commit first degree murder
of Tamara Tammy Daybell,
SO3 consecutive life terms of prison.
The remaining counts will be concurrent
to the counts that are consecut.
The court will impose fines as
requested by the state in the amount of
$25,000 for all counts except te
Grand Theft. On the Grand Theft,
the final be in the amount of $.
The court will assess the civil penalty
that was requested and I find is
appropriate Under Idaho Code 19O
7 of $5000 per victim on each oe
three victims as a civil penalt.
And then finally the restitution
which was requested by the stat.
Mr. Wood, if you could reiterate
that number 22,000 of what the
restitution term is and I want o
inquire as there's if there's any other
restitution being sought by the state.
I
see, your honor. I believe I sad
22,545 and the state would ask r
an additional 30 days to submity
for the restitution for the vic,
living victims who have been
deemed as such by this court.
The court will assess that restitution
on the Grand Theft charge of
$22,545 as shown through
the evidence of trial,
and the court will allow 30 days
for additional restitution requ,
but that will be waived if
it's not submitted timely.
That will conclude the court
sentencing on the charges.
Mr. Thomas, do you have any
questions on the sentence?
Thank you. All right. Mr.
Wood, do you have any questions?
No, thank you. All right, Couns,
before we conclude and Miss Fal,
importantly, I need to advise
you of the rights you have now.
You do have the right to appeal
to the Idaho Supreme Court from
this judgment of conviction,
and you have a right to be represented
by an attorney if you appeal.
You're also advised if you
can't afford an attorney,
and an attorney will be appointd
for you at public expense,
and you only have 42 days to file an appeal,
you also have the right to
seek relief from my judgment.
Under Idaho Criminal Rule 35,
you have 120 days to file that
motion if you believe a correctn
or reduction of this sentence
is appropriate because it was
either illegal or too harsh.
And finally,
you may also have rights to seek
relief under the Idaho Uniform
Post Conviction Relief Act.
Those actions have to be filed
within one year from the day
your right to appeal expires.
Do you understand those appellate rights?
All right, She acknowledged, ye.
The defendant will be required o
submit DNA samples upon remand o
the Idaho Department of Correct.
I'll ask the attorneys to please turn
in any copies of the presentence
investigation reports or addenda
so those can be kept in confidee
and additional copies will be
destroyed and miss validable,
you are hereby remanded to the
custody of the Sheriff of Fremot
County to be delivered to the pr
authorities of the Idaho Department of
Corrections for execution of this sentence.
Thank you,
ladies and gentlemen.
That'll conclude our sentencing hearing.