Fear expressed by the prosecutor that the boys might walk as a result of the judge’s decision never materialized. The case was mediated like the judge had wanted, and both sides reached an agreement—Alex and Derek would plead guilty to third-degree murder and arson in connection with their father’s slaying. Third-degree murder is defined as an unintentional killing that occurred while another felony crime was being committed, in this case battery.
According to the prosecutor, David Rimmer, “you only have to show that the defendant intended to commit the battery.”
Alex was sentenced to seven years in prison, and Derek was sentenced to eight years.
Although Alex has now regained his freedom his brother, Derek, is still imprisoned at the Lancaster Correctional Facility, near Gainesville, a prison for young offenders. Derek is scheduled to be released in May 2009.
