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State v. Howell2/29/2000
The defendants, Karen Howell, Natasha Cornett, Crystal Sturgill, Joseph Risner, Jason Bryant, and Dean Mullins, entered pleas of guilt to the attempted murder of Peter Lillelid and the first degree murders of Vidar, Delfina, and Tabitha Lillelid. In exchange for the pleas of guilt, the state agreed to withdraw its requests for imposition of the death penalty. Each defendant waived the right to trial by jury and the trial court conducted a consolidated sentencing hearing. At the conclusion of the proceeding, the trial court sentenced each defendant to life in prison without the possibility of parole for each of the three first degree murder convictions and twenty-five years for the attempted murder conviction. The trial court ordered each sentence to be served consecutively.
In this appeal of right, each defendant challenges the application of the aggravating and mitigating circumstances and questions the propriety of consecutive sentencing. The defendants Karen Howell and Natasha Cornett contend that the trial court erred by failing to grant separate sentencing hearings. Howell has adopted the allegations of error made by the other defendants. Crystal Sturgill contends that the trial court should have granted a severance of her sentencing hearing and also argues that the trial court erred by vicariously applying aggravating circumstances to her. Joseph Risner contends that the trial court erred by applying non-statutory aggravating circumstances; he also adopted the issues presented by the other defendants. Jason Bryant, a juvenile, asserts that the trial court erred by imposing a life sentence without the possibility of parole in violation of Tenn. Code Ann. ยง 37-1-134, which sets out the procedure for transfer from juvenile court. Dean Mullins contends that the trial court erred by failing to grant separate sentencing hearings for the six defendants and by vicariously applying aggravating circumstances to him in arriving at the maximum sentence. He also maintains that the state improperly sought the death penalty in violation of an agreement between him and the state.
We affirm the sentences imposed by the trial court as to defendants Howell, Cornett, Bryant, Mullins, and Risner. Due to her involvement in the crimes, but because of the significant difference between the level of her participation and that of the other defendants, the sentence of the defendant Sturgill is modified to three concurrent terms of life imprisonment without the possibility of parole; the twenty-five year sentences for attempted first degree murder shall be served consecutively as to all defendants except Sturgill.
Each of the six defendants was indicted for three counts of first degree murder, one count of attempted first degree murder, two counts of especially aggravated kidnaping, two counts of aggravated kidnaping, and one count of theft of property valued over $1,000. The charges stemmed from the April 6, 1997, murder of Vidar Lillelid (34) and Delfina Lillelid (28), the murder of their six-year-old daughter, Tabitha Lillelid, and the attempted murder of their two-year-old son, Peter Lillelid. The crimes were committed near a rest stop in Greene County, Tennessee.
The defendants were en route from their homes in Pikeville, Kentucky, to New Orleans, Louisiana. Before leaving Kentucky, they had acquired two guns, a 9mm and a .25 caliber pistol. Shortly after their departure, they realized that their car, which belonged to Joseph Risner, would not likely sustain the length of the trip. They discussed the possibility of stealing a car from a parking lot or a dealership before meeting the Lillelids, who were returning to their residence from a religious convention, at a rest stop on
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