Judge: McGilberry rehearing may not happen for months - WLOX.com - The News for South Mississippi

Judge: McGilberry rehearing may not happen for months

(Photo source: WLOX) (Photo source: WLOX)

You may remember the gruesome story. A teenage boy used a baseball bat to kill four family members in their St. Martin home. 

Two decades after the vicious beatings, Stephen McGilberry was back in a Jackson County courtroom. The reason: He still doesn’t know how long he’ll be in prison for those killings. 

Today, a Jackson County judge said it may take several months to determine if a jury will hear McGilberry’s resentencing hearing, or if the judge will determine his penalty. 

The Supreme Court ordered the rehearing because at the time of the capital murders, McGilberry was a juvenile. Justices ruled it was cruel and unusual punishment to sentence the teen to an automatic life without parole penalty.

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