Judge slaps Eby with maximum
15-year prison sentence given for second-degree murder conviction

By Leslie Wood
Staff Writer

Jeremy Eby

GALLUP — A district court judge sentenced 25-year-old Jeremy Eby on Wednesday morning to the maximum sentence allowed by law for a second-degree murder conviction.

Judge Grant Foutz sentenced Eby to 15 years in a state prison in response to his July conviction. A McKinley County jury found Eby guilty of second-degree murder and tampering with evidence for his role in the April 2004 stabbing death of 23-year-old Leland Laurence, of Thoreau.

Eby was sentenced to 15 years for the second-degree murder conviction and to 18 months for dragging Laurence's body to a set of Thoreau railroad tracks where he was subsequently torn in two by an oncoming train. However, Foutz said Eby could serve the sentences simultaneously.

Eby will be required to serve at least 85 percent of the term because of a court imposed sanction that classified him as a serious violent offender, but will receive credit for 509 days already served in the McKinley County Adult Detention Center.

Foutz's ruling matched the Adult Probation and Parole Office's recommendation that Eby receive the maximum sentence. An officer conducted jailhouse interviews with Eby to determine the appropriate sentence, which was then given to Foutz for consideration in the form of a pre-sentencing report.

Chief Deputy District Attorney Michael Calligan said the APPO officer wrote that Eby displayed no remorse for his part in the killing and needed no psychological attention.

"He was bright enough, smart enough to understand what he did," Calligan said. " ... I see no reason to give him one whip less than 16 years."

Geraldine Laurence, Laurence's mother, opted against addressing the court as she did during co-defendant Rashad Sandoval's sentencing.

Foutz said he read each of the letters of support submitted by Eby's friends and family members before making his decision.

William Stripp, Eby's attorney, expressed concern that community members did not confront Laurence, Eby and co-defendants Rashad Sandoval and Nathan Smith about their involvement with the drugs that eventually led to the April 2004 killing.

"I think it's incredibly sad for the community that no one went to these young men and said stop what you're doing," William Stripp, Eby's attorney, said.

Stripp argued for a suspended sentence for his client who had no previous criminal record prior to the conviction.

"In the interest of justice, I ask that he be given the opportunity to be rehabilitated," Stripp said. " ... I would say he deserves a break."

During a brief statement to the court, Eby apologized to Laurence's family members and asked Foutz for a second chance.

"I know what I did your honor," Eby said. "... Give me a chance to prove to you that I can be rehabilitated."

After Sandoval's sentencing hearing last week, Stripp said he told Eby to prepare himself for the possibility of receiving the maximum sentence.

In exchange for his testimony against Eby, Calligan agreed to cap Sandoval's possible sentence at 15 years and to not impose serious violent offender sanctions. Foutz then sentenced Sandoval to the maximum term of 15 years.

However, Stripp said Sandoval will be eligible for one day of good time for each day he serves and will most likely serve about 7 1/2 years in prison compared to Eby's 15 years. Stripp said he plans to appeal the guilty verdict on Eby's behalf and is allotted up to 30 days to file the appeal after Eby's judgment and sentence is filed with the court.

Because of the brutal nature of Laurence's death, Stripp said jurors may have delivered a guilty verdict based on emotion and did not clearly interpret the jury instructions. He also said the prosecution obtained a conviction based on the allegedly perjured testimony of Smith and Sandoval.

Stripp said he hopes Eby will be transported within the next few days to the department of corrections because the facility offers a wider range of programs that focus on rehabilitation than the local jail. Eby will be transported to Los Lunas where he will be evaluated and officials will then decide which facility he will be housed at long-term.

He said officials will most likely opt to house Eby at a maximum-security facility because of the seriousness of the crime in which he was convicted.