DC Sniper Lee Boyd Malvo Argues For Shorter Prison Sentence

WASHINGTON, DC — Lawyers met in a Montgomery County, Maryland, courtroom Thursday to discuss whether Lee Boyd Malvo, the convicted DC Sniper who is serving time at a supermax prison in Virginia, should be resentenced to a term shorter than life, WTOP reports.

Malvo, now 32, was 17 years old when he was arrested for a series of shootings around the DC area — six in Montgomery County and four in Virginia. His public defender, James Johnston, says Malvo was subjected to mandatory life sentences in 2002, ten years before the U.S. Supreme Court ruled the punishment unconstitutional for juveniles in 2012. The court determined life sentences should be applied retroactively last year.

Johnston and Malvo argued a similar case in Norfolk, Virginia, and the federal judge ordered new sentencing hearings on two of Malvo's life sentences there. The ruling doesn't vacate the convictions against Malvo in a terrifying string of shootings 15 years ago, and it doesn't affect six life sentences he also must serve for deaths in Maryland.

See Related: DC Sniper Lee Boyd Malvo's 4 Life Sentences To Be Revisited

“All that is necessary is a hearing in which a court can consider a defendant’s youth and circumstances before deciding if a life without parole sentence is appropriate,” Assistant State’s Attorney Brian Kleinbord said, adding that he thinks the original sentencing hearing fulfilled that requirement, WTOP says.

Over 21 days in October 2002, Malvo and his partner John Allen Muhammad shot 13 strangers, killing 10 of them, in the Washington, DC, area, including in gas stations and parking lots.

As the manhunt drug on, The Washington Post says sporting events were canceled and tarps were put up to hide customers as they filled their cars at gas stations. After the two were caught, they were tied to at least 11 more shootings — five of which were fatal — from Washington state to Alabama.

Muhammad was executed by lethal injection in November 2009. Malvo was convicted of six murders in Montgomery County and is serving a life sentence without parole.

In April, Malvo's attorney argued in Montgomery County court that the killer's punishment is unconstitutional. Montgomery County prosecutor John McCarthy says Malvo’s life sentences in Maryland were not mandatory. “Under the plea agreement, the court had the discretion to impose any sentence authorized by the first-degree murder statute,” including parole, McCarthy wrote in court documents.

Judge Robert Greenberg didn't come to a decision Thursday. Lawyers said he would study the issue and then make a ruling, WTOP reports.

Accused sniper John Lee Malvo walks out of the Fairfax County Juvenile Court House after appearing with his attorneys November, 19, 2002 in Fairfax, Virginia. (Mark Wilson/File Photo/Getty Images)