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He was found guilty of murder, attempted murder and other felonies, but a jury could not decide if Toby Stangel deserves to spend the rest of his life in prison.
On Monday, the jury was divided when it came to approving an extended sentence for Stangel.
As a result, he will not face life in prison without the possibility of parole.
After hearing the news, Stangel’s father spoke for the first time since the trial began.
“I mean, Toby has completely changed,” Mike Stangel said. “That’s what people don’t understand yet because it’s been two years. He’s now the son I’ve always prayed for.”
Stangel was convicted of murder last week.
“He was also convicted of felonies as you know, felonies which are punishable by more than one year in jail. He was convicted of murder in the second degree for the death of Tammy Ngyuen,” Deputy Prosectuor Dwight Nadamoto said.
Stangel’s attorney doesn’t dispute that, but besides proving Stangel is a multiple felon, the state also has to prove he’s a danger to society.
“Is the state going to be able to prove to you that Mr. Stangel needs to be locked up, not possibly for the rest of his life, but absolutely, the judge’s instructions will say a definite life sentence. He will not leave jail,” Stangel’s attorney John Schum said.
Stangel already faces a life sentence with the possibility of parole for killing Nguyen during a shooting spree on June 3, 2011.
Stangel also pleaded no contest in 2004 to a felony weapons charge on what is called a deferral of no contest plea.
“If he was given a chance to be, I guess supervised, and if he successfully completes the supervision period, then he would not have a conviction on his record,” probation officer Elva Higashi said.
Stangel satisfied the court’s conditions of that probation and was granted the deferral.
Stangel’s ultimate sentence will be handed down by a judge on Aug. 7.