On one recent occasion, the family of a woman murdered in September of 2014 appealed to Rep. Reinbold for help given weakening of the law by SB 91.
Eagle River resident David Joseph Thomas, 28, reportedly faced first- and second-degree murder charges–each of which carries a maximum sentence of 99 years in prison–for admitting to strangling their daughter, Linda Anne Martz Bower.
What began as an expectation of at least Second Degree Murder—a 75-year sentence, 50 to serve, ten years’ probation with a guilty plea—turned into something considerably less due to changes brought by SB 91. At the change-of-plea hearing family members discovered Thomas would likely only have to serve a third of that.
“We weren’t told this by the DA; this was just based on research and coming together, stated the mother, Sherry Miller: “Had we known all the facts prior to agreeing to this plea agreement we would have NEVER agreed to that. NEVER.”
Bower’s step-father, Bradley Miller, continued: “When Linda was first murdered, and plea possibilities were handed down it was Murder One or Murder Two, and that was it. David had a prior history of domestic violence in Montana. There was a violation of a domestic protection order, in which the police were called and he assaulted a police officer and went to prison in Montana. That is a felony in Montana but not here in Alaska.”
This is what some are now calling the revolving door of criminal recidivism.
In December 2016, Thomas pleaded guilty to second-degree murder as part of a plea agreement attorneys said would bring “finality” to the case. In rejecting the deal in April 2017, Judge Kevin Saxby said elements of the agreement—which would impose a sentence of 75 years with 25 suspended, leaving Thomas eligible for parole in 14 years—“cheapens the crime.”
alaskastar.com/2017-04-20/judge-rejects-plea-deal-eagle-river-teen%E2%80%99s-murder#.WeU_CGhSzIU
Everyone is still awaiting Thomas’ justice for the crime he admitted committing.
Donn Liston has lived in Alaska since 1962 and in Eagle River since 2010. He was a reporter for the Anchorage Daily News during pipeline construction and is now a teacher after becoming certified in Juneau after living there 20 years. He has taught Adult Basic Education for the last 10 years. To reach Donn, email: donn@echoak.com.
Editor: An earlier version of this article incorrectly attributed a quote from Mr. Bradley Miller, it has been corrected. We apologize for this error.