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Man gets 7 to 10 for fatal Allston stabbing; people who knew victim describe their pain
By adamg on Fri, 02/27/2015 - 4:24pm
Brian MacDonald, 26, was sentenced to 7 to 10 years in prison this week for repeatedly stabbing Anthony Spaulding in a New Year's party at Spaulding's Allston apartment at which MacDonald showed up uninvited, then refused to leave, the Suffolk County District Attorney's office reports.
Prosecutors had asked for 15 to 20 years after MacDonald's conviction on a charge of voluntary manslaughter for Spaulding's 2013 death in Suffolk Superior Court.
In victim statements before sentencing, Spaulding's familiy and friends and professors at the New England Institute of Art, which he was attending, described him as a kind and loving man on the verge of a great life - whose murder left a giant hole in their hearts and lives.
"I wonder if any of us who truly knew Tony will ever get over this," Barry Marshall, a professor at the institute, said.
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Comments
7-10 years for murder? Yeah
7-10 years for murder? Yeah that'll teach people to not commit capital crimes.
For crying out loud petty criminals do that much time for nonviolent offenses.
Not first or second degree
Not first or second degree murder though - manslaughter (a weird enough term in itself when you think about it). Intent is weighted in sentencing, as is previous criminal history.
I agree with you though that it's ridiculous that someone with a non-violent drug offense might get more time. But that person might also have a prior criminal history, so that would also be weighed in the sentencing guidelines.
Still though...even if you're drunk and get in a fight, who gets the impulse to pick up a knife and stab someone? The stab impulse is something I've never understood.
"Manslaughter" is an almost
"Manslaughter" is an almost-literal translation of the word "homicide," which is a catch-all use for killing another human being. And it's just another of those archaic words that has fallen out of common English but been held around as a term-of-art in the legal system, like the recent discussion on the word "uttering" meaning passing forged documents.
Agree
I knew Tony, and I would not hesitate to kill the prick who murdered him. As Al Swearengen says; "Gabriel's trumpet will produce you from the ass of a pig."
That being said, If I was ever accused of Manslaughter (obviously under different circumstances-I don't carry around knives like Edward Scissorhands) I would not want it to be considered murder.
Again, that being said, Manslaughter is not the appropriate charge for this kind of crime. Manslaughter (in my mind) is meant for reckless, conscious decisions that do not result in premeditated death (drunk driving, etc.). A stabbing is obviously a conscious decision; if you want to stab someone, you stab them (in contrast to the drunk driving comparison, you can drink and drive while not intending to hurt anyone). Even if it is in the heat of the moment, that is premeditated. Only someone insane would think that someone could survive multiple stab wounds, and if insanity is not a part of the plea, $%^& you. I hate our justice system; I hate the inhumane prison environments, I hate the racial profiling, and I hate the lobbying that heavily influences the courts.
I also hate this man, and hope that this incident haunts him until his last breath. If it does not, it is more evidence that our justice system must be refined; if it does, that is the most fitting punishment anyone could levy upon someone of this ilk.
Not enough jail time, but at
Not enough jail time, but at least it's something.
What a digrace!
Liberal Judges, Liberal Politicians and liberal voters. This is what is wrong with Massachusetts. I see people get low bail for crimes and others sentenced to stay at home with GPS Bracelets and sentencing is a joke in this state. The wrong people are getting hired as cops and the wrong people are appointed or elected into power.
Cops did their job here...
Keep the blame on the judges.
Because there's no injustice
Because there's no injustice is places like Texas or Alabama... none at all.
The person was convicted (by
The person was convicted (by a jury, not the judge) of voluntary manslaughter, which on the spectrum of types of killings, is below murder (and above accidental homicides). It's the kind of killing classically described as a "crime of passion," where the legal system recognizes that even a reasonable person would be emotionally disturbed by the situation and possibly moved to violence.
How long did you expect him to go to jail, the same as someone convicted of actual murder? Then the prosecutor would have had to present evidence, and the jury believe it, that there was premeditation, intent, or "malice aforethought." Apparently they didn't.
Actual murder? You must be
Actual murder? You must be another liberal thinking they can be rehabilitated. Murder is murder and I have seen people go to prison longer that didn't commit voluntary manslaughter or murder.
Which judge?
Inquiring minds want to know.
Judge Janet Sanders
The judge was Judeg Janet Sanders. Definitely disappointed that she didn't even give the 8-12 years outlined by the state's sentencing guidelines.
Thanks
Is this typical for her sentencing decisions?
WTF? Is this real life? Good
WTF? Is this real life? Good to know if someone wants to knife me to death over a parking space in the future they're only looking at about 5 years in prison.
Adam was that a typo? Did you
Adam was that a typo? Did you mean to say "70-110" years for murder? This scum brutally killed that kid. I have no faith in MA justice system.
Without premeditation. Would
Without premeditation. Would you have preferred that they take this to a jury as first degree murder and the guy walks altogether? Prosecutors have to weigh the cost of losing the case to a not guilty verdict versus what they can actually prove. That's a big risk when you can't prove motive or intent. What they can prove he definitely killed the guy. Some time is better than no time. Sorry if you think every homicide deserves the gallows, but this is the way trials work.
This sentence is on the upper end for voluntary manslaughter
It's the most a judge could give. The evidence must have been only strong enough for an involuntary manslaughter conviction.
Don't confuse people with the facts
They were about to start looking for Old Sparky. For manslaughter.
No, max is 20 years
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Sect...