James McVay lawyers argue against death penalty

Posted:

SIOUX FALLS, S.D. (WKOW) -- Lawyers for a man arrested in Madison in connection with a murder in South Dakota say their client should not face the death penalty.

James McVay has pleaded guilty but mentally ill in the death of 75-year-old Maybelle Schein.

Prosecutors say McVay killed Schein and stole her car in July of 2011 while on his way to kill President Obama. They announced in November they would seek the death penalty against McVay.

McVay's attorney's said South Dakota law doesn't allow for the execution of a mentally ill inmate. They want a jury to decide his fate.

Prosecutors have not yet filed response briefs. Minnehaha County State's Attorney Aaron McGowan wouldn't comment specifically on the motion when asked by the Argus Leader newspaper, saying only that the defense had filed numerous motions that prosecutors disagreed with

McVay will be sentenced on June 27.

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