30 to 50 year sentence for fatal stabbing
With the eyes of Nathan Johns’ family on him, Marvin Carias apologized at his sentencing Thursday morning.
“I not only made them suffer, but my own family,” he said through a court interpreter before he got 30 to 50 years in prison for stabbing Johns to death March 13 in Lincoln.
Since then, Carias, 21, said he’s had nightmares and been ill.
“I just ask that you sentence me in the way you see fit … and that you allow me to have a life after this,” he said, adding that he has a 6-month-old daughter.
His attorney, Chris Eickholt of the Lancaster County Public Defender’s Office, said Carias didn’t intend to kill Johns, and that he left Johns’ apartment without knowing he was dead.
“He knew something bad had happened. It certainly did. And it bothered him,” Eickholt said.
But Deputy County Attorney Jim Rocke said Carias had to know, that he cleaned himself up, put on Johns’ shoes and clothes, and left his own bloodied clothes in the apartment at 1338 D St. As he left, Carias passed Johns’ sister on the stairs. She found her brother, who had been stabbed, and tried to save him, but it was too late.
Eickholt asked District Judge Steven Burns to consider how things went down that day. He said it started with Carias buying marijuana from Johns, and Johns reacting in a “bipolar state.” It was a perfect scenario for something to go bad, he said.
Rocke said whether or not Johns was selling marijuana or having a problem was irrelevant. “I ask the court to sentence Mr. Carias on his actions, not Nathan Johns’,” he said.
Then, Burns sentenced Carias to 30 to 50 years in prison, with credit for 305 days served. Because he is from Guatemala and alleged to be in the country illegally, he will be eligible for deportation in as early as 15 years.
Carias pleaded no contest to second-degree murder in November.
Nathan Johns’ mother, Cheral Powell, said she wanted to scream when she heard the sentence. “He didn’t have to kill him. He didn’t have to kill my boy,” she said, breaking down in tears in the hallway. She said she had hoped Carias would get a life sentence.
Johns’ father, Rick Johns, noted that his son had 40 stab and cut wounds and was killed in his own home. He said he believes his son fought for his life that day. “Just because some guy’s bipolar doesn’t mean if you do away with them that it’s excusable,” Rick Johns said.
His wife, Janis, said they treasured the time they had with Nathan. After he was killed, family began to hear from strangers about how generous Nathan Johns was, even if he didn’t have much himself.
Powell said her son was taken too young, too early, but she feels as though he’s watching over his family now. It feels now like he was an angel, she said. “We just didn’t know it.”
SOURCE : Lincoln Journal Star - January 28, 2010 - Lori Pilger
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Comments
By Socialistnomore on January 31st, 2010 at 6:51 am
I love the part where he says: ““I just ask that you sentence me in the way you see fit … and that you allow me to have a life after this,” he said, adding that he has a 6-month-old daughter.”
How do you take a man’s life, then say something like that. Allow me to have a life after this. (Shaking my head.) He’s 21, even if he were to serve 30 years, he’d be 51 when he got out, that’s well enough time to still have a decent life. And the likelyhood of him serving 30 yrs is slim. He could be released in 15 and deported only to come back here again and kill somebody else. Craziness!
By Juan-El-Bravo on February 1st, 2010 at 6:04 pm
This scum is worried about having a “life” after his punishment!? I think he should be subjected to some good “old testament” justice. You know, an eye for an eye, a life for a life. Judging by his picture he will have a very full life in the prison system. I’m sure the prison boys will just love him and his DSLs
.