Monday, June 18, 2007
Jason Rose was sentenced to the maximum penalty of 122 months in jail for the 2005 fire at the Boardwalk Apartment complex.
Rose was convicted in May of setting the fire, which killed three people, including University of Kansas student Nicole Bingham and injured 20 others.
In early May, a jury found Rose guilty of one count of aggravated arson, three counts of involuntary manslaughter and seven counts of aggravated battery. Though Rose faced a charge of first-degree murder, a sentence with the penalty of 20 years to life in prison, the jury found him guilty of involuntary manslaughter.
Maureen Gonzales, sister of Jose Gonzalez who was killed in the fire, spoke to the courtroom before sentencing. She said she did not agree with the jury’s verdict of involuntary manslaughter.
“I find no peace in the fact that his life meant nothing to you,” Gonzalez said.
Nancy Bingham, mother of Nicole, recounted her daughter’s life before the sentencing Monday.
“Moms are supposed to protect their children and not let anything happen to them but that is not always possible,” Nancy Bingham said.
District Attorney Charles Branson said in his remarks to the judge that Rose set the fire where it would not be easily detected. Branson said the placement of the fire was done so that it could not be seen until it had already spread.
Kansas state law states that a sentence cannot be greater than double the time of the greatest charge. The greatest charge in the Rose case is the one count of aggravated arson, which holds a maximum 61 months sentence. Rose was convicted of three counts of that charge.
The state asked for Rose to serve the three sentences consecutively while Rose’s defense attorney asked that Rose serve them sentence concurrently. Judge Murphy ruled Rose would serve his sentences consecutively.
Though each count of involuntary manslaughter holds a maximum penalty of 32 months and each count of aggravated battery holds a maximum penalty of 32 months, Rose will serving 122 months because of the state law that limits his sentence.
Rose will be credited for the 614 days he has already served and can reduce his sentence by 15 percent for good behavior.
Before Judge Murphy read the sentence for Rose he said, “many of the people here wish you were getting a greater sentence than you are.” Murphy said Rose should consider himself lucky because the loss of life could have been greater.
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