PORTLAND, Ore. — The 50-year prison sentence of a man who as a teen stabbed a Wilsonville woman to death was overturned Wednesday. The Oregon Court of Appeals said the long sentence failed to take into account the “unique qualities of youth” and whether the defendant was capable of change.
Depending on whether the Oregon Department of Justice decides to appeal, the ruling could send the case of Todd Davilla back for a seventh re-sentencing, the Oregonian/OregonLive reported. Davilla is 44 and serving time at the Oregon State Correctional Institution in Salem.
The Oregon Department of Justice said it is reviewing the ruling.
Davilla in 1991 forced his way into a home where Lisa Flormoe, 22, was staying and attempted to rape her. When she resisted, he stabbed Flormoe 15 times in the neck. Davilla did not know Flormoe.
The following year, Davilla pleaded guilty to murder, burglary and attempted rape. He was charged as an adult.
In his latest sentencing in 2012 — his sixth one — Clackamas County Circuit Judge Eve Miller sentenced Davilla to 50 years in prison, citing his use of a small, dull knife and his lack of empathy.
The appeals ruling comes as states, including Oregon, take up major juvenile justice reforms.