Hampton Inn killer to be resentenced after high court says life without parole 'cruel and unusual'
HOLLAND — The Michigan Supreme Court has ruled that a 22-year-old man serving a mandatory life sentence for killing a 14-year-old boy in 2019 should be resentenced.
The order, issued March 6, says Juan Sandro Cabrera should be resentenced by Ottawa County's 20th Circuit Court. Last year, the court ruled automatic life sentences for 18-year-old murderers violated the Michigan Constitution's ban on "cruel or unusual" punishment.
More:Supreme Court ruling could mean shorter sentences for Holland area murderers
Prosecutors can still pursue life sentences for 18-year-olds, but a judge must hold a hearing where defense lawyers are allowed to present mitigating evidence, such as education, family life, decision-making skills and other factors.
"The defendant’s mandatory sentence of life without parole for first-degree murder, committed when he was 18 years old, is cruel or unusual punishment," per the court's new order.
Cabrera, now 22, was 18 when he shot and killed 14-year-old Troy "TJ" Wells in Holland Township in 2019.
More:Juan Cabrera convicted of murdering TJ Wells
Cabrera was convicted by a jury of first-degree murder, along with felony firearms and gang membership charges. He was automatically sentenced to life in prison on the murder charge and currently resides in the Michigan Department of Corrections Baraga Maximum Facility in the Upper Peninsula.
'Juvenile lifer' back in court
In 2012, the U.S. Supreme Court overturned automatic life sentences for juvenile murderers. In that decision, prosecutors were able to file for resentencing offenders who fit that definition.
Ottawa County's only "juvenile lifer" Juan Nunez, now 42, shot and killed 22-year-old Scott Anderson during a robbery gone wrong at a local restaurant. Nunez was found guilty of murder and sentenced to life in prison without the possibility of parole, as the law required.
After the 2016 court ruling, Nunez was granted a resentencing hearing.
At the resentencing in 2019, Ottawa County Judge Jon Hulsing heard testimony about the original crime, as well as information about Nunez's behavior while incarcerated. The judge determined Nunez should not be released from prison and resentenced him to life in prison without the possibility of parole.
Nunez appealed again. In December, the Michigan Supreme Court vacated his life sentence and sent the case back to Ottawa County Circuit Court for resentencing. That case is still ongoing.
This article originally appeared on The Holland Sentinel: Hampton Inn killer to be resentenced after high court says life without parole 'cruel and unusual'
