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 Samuel Ray Toliver, 32, was killed in January 2008 after a stabbing at 21 1/2 First Ave. N.E. Tuesday, Jody O'Keefe, who pleaded guilty to voluntary manslaughter and other charges earlier this month, was sentenced to up to 40 years in prison. After the sentencing, Toliver's family placed these flowers and this picture at the apartment's door as a memorial. [Click to enlarge] |
Jody Brent O'Keefe, 35, was sentenced Tuesday in Plymouth County District court for the death of Samuel Ray Toliver, 32.
O'Keefe was arrested after a January incident that left Toliver dead, stabbed in the chest.
O'Keefe faced first degree murder charges, punishable by life in prison without possibility of parole. However, a week ago, O'Keefe plead guilty to lesser charges: voluntary manslaughter, two counts of willful injury and intimidation with a dangerous weapon.
The maximum penalty for each of those crimes was 10 years in prison.
O'Keefe was sentenced to up to 40 years in prison plus a $150,000 payment to Toliver's heirs.
During the sentencing, Toliver's father Kevin Toliver shared the impact he felt at losing his son.
"I personally feel that Jody O'Keefe should get the death penalty, but this is Iowa and not Texas," Kevin Toliver said. "Jody O'Keefe, I will personally be your shadow at every single parole hearing...You have made it possible for my son not to speak, so I will speak for him."
Samuel Toliver's mother and sister also asked the court to punish O'Keefe to the fullest extent of the law, and his brother told O'Keefe that he forgave him.
Toliver's two daughters wrote to the court asking that O'Keefe be given a life sentence but still have family visitation.
O'Keefe spoke briefly to the people gathered in the courtroom.
"I really don't have words to express my remorse. I truly apologize," he said. "I never meant for that to happen -- everything happened so fast. I hope one day his family can forgive me."
Before Judge James Scott pronounced the sentence, he explained his decision.
"Human life is precious. It's sacred," he said. "Sam Toliver cannot be brought back."
The judge noted there were "serious and difficult legal issues on both sides" of the stabbing case, which was set to go to trial Tuesday.
"It's hard to predict how things would have turned out had the trial started this morning the way it was scheduled," he added.
O'Keefe would have likely faced 10-50 years depending on a jury's decision, Scott said.
"I think in this case (the plea agreement) is reasonable and just, given the facts of this case," he said.
O'Keefe was ordered to be transported by the Plymouth County Sheriff's Department to the Iowa Medical and Classification Center in Oakdale.
Originally, O'Keefe faced second-degree murder and attempted murder charges, but the county attorney filed the increased charge after reviewing other case law. First-degree murder is defined as "willful" and "premeditated."
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40 years WOW! Does that give the victim his life back? Should have been a longer sentence!
Do explain how a person can get 15years for just stabbing a person and NO medical attention was needed but yet a man KILLS a person and gets 40 years!? That's a little over half of what the other got! Does that make sense to anyone?
Talk about a backwards society! I bet if her got Rohdes attorney he could have just done some community service and paid the medical bills!
We truly need to work on our criminal justice system! This saddens me dearly!!!
We, as a family, put the flowers and picture on the door to remind everyone that Sam was a real person, not just a name on paper. It is a shame, that after only 2 hours, it was removed. Be for real, people, couldn't you have least, let it stay there for a day. That's all we asked. We lost our son, brother, and most of all, DADDY. You could have least let us share him for 1 day with the public.
Was that sam's harley,in the picture, or was it stolen like the rest?
to silent observer......why do you ask, are you missing your motorcycle????IGNORANCE IS BLISS!!!
apparently we did have our facts. you see the outcome. apparently there was more to the story than was told.like you guys all said the truth will come out in the end and guess what it did! you say the system failed, no the system did its job. you cant charge someone for a premeditated murder if its not and after the facts were released they say that wasnt the situation. yes there was previous altercation between the two. there were witnesses that made statements. but you know i do understand and know the feelings of your loss and am very sorry! but as i have stated numerous times hatefulness gets you nowhere as well as it shows your character. i know when you hurt you lash out in anger, i understand i've been there. you're a christian therefore you know we shouldnt be that way. sams job here was complete or GOD wouldnt have called for him to come home! he's in a lot better place than we are.