Judge Orders D.C. Sniper Lee Boyd Malvo To Be Resentenced

Lee Boyd Malvo has served almost two decades since his arrest on Oct. 24, 2002. The arrest resulted from his participation in the shooting spree within the DMV. He and his accomplice, John Allen Muhammad, shot at least 21 people, killing 14, including the ten homicides in the Washington, D.C. area. He was 17 years old at the time of the shootings. Muhammad was 41.

In Sept. 2003, Muhammad was sentenced to death and Malvo, still then a juvenile, received six consecutive life sentences without parole in Maryland and Virginia.

Now at age 37, Malvo is eligible for a reduced sentence. The ruling comes from the Maryland Court of Appeals on Aug. 26, based upon the Supreme Court guidance under the Eighth Amendment. According to Judge Robert McDonald’s order, the amendment bans life sentences without parole for juveniles “if a sentencing court determines that the offender’s crime resulted from transient immaturity,” CNN reported.

We've Been Here Before

This is not the first conversation surrounding sentence reduction for Malvo. His first appeal was in 2019 based on the monumental Supreme Court case of Miller v. Alabama barring mandatory life without parole sentences for minors. In 2021, Maryland and Virginia both passed legislation that canceled life sentences without parole for juveniles, according to WTOP. As a result, in Maryland, people convicted as juveniles who served at least 20 years of their conviction can file a motion to reduce their sentence.

The Juvenile Restoration Act, or JUVRA, states that people who have served at least 20 years of a sentence for a crime under 18 can file a motion asking the circuit court to reduce their sentence.

As a result, two of Malvo’s life sentences were overturned.

Let's Talk About Brainwashing

Malvo’s partner, John Allen Muhammed, was executed by lethal injection in 2009. His questionable actions to take Malvo under his wing in the heinous acts have aided Malvo’s appeals, arguing possible juvenile brainwashing as a defense. Muhammad had played a part in Malvo’s life since 2001, when the Kingston, Jamacia native joined his mother, Una James, in Antigua, where she had met Muhammad. She relocates to Florida to look for work, and Malvo and Muhammad go to Bellingham, Washington. Malvo spends his high school years between Washington and Florida, splitting time between his mother and Muhammed. During this time, Muhammad introduces Malvo as his son. Allegedly, Malvo was starved and desensitized during this time, turning the malleable young man into the perfect accomplice.

Photo Credit: Getty Images
Photo Credit: Getty Images

In 2006, Malvo voluntarily testified against Muhammad and pleaded guilty to six counts of first-degree murder in Montgomery County. At his sentencing, prosecutors stated the minor had changed tremendously since his participation.

What This Could Mean

In its 4-3 ruling, the Maryland Court of Appeals said it’s doubtful Malvo would ever be released. Malvo is also serving separate life sentences for murders in Virginia. “As a practical matter, this may be an academic question in Mr. Malvo’s case, as he would first have to be granted parole in Virginia before his life sentences in Maryland even begin,” Judge Robert McDonald.

As added by McDonald, “It is ultimately not up to the Court of Appeals to decide the appropriate sentence or if there will be a release of his Maryland sentences.”

Malvo is currently in the Red Onion State Prison in Virginia.