After more than four hours of deliberation yesterday, at 4:00 p.m. a jury sentenced former University student Andrew Alston to three years in prison for voluntary manslaughter in the Nov. 8, 2003 stabbing death of Albemarle County Firefighter Walker Sisk, 22.
In a display of emotion that has recurred throughout the trial, spectators on Alston's side of the courtroom cried following the verdict as Alston reached out to hug his defense attorneys in apparent grief.
Outside the courthouse, the victim's father, Howard Sisk, expressed his obvious disappointment with the sentence.
"I only have one thing to say: I now know the value of my son's life," he said.
Robert Alston, the defendant's father, said he felt it would be inappropriate to comment on the trial. Defense Attorney John Zwerling said he was dissatisfied with the jury's decision, though he admitted it could have been worse.
"At least it's a sentence you can see the end of," Zwerling said. "It's one he can psychologically survive."
Andrew Alston had been brought to trial on a charge of second-degree murder, but the jury found him guilty of the lesser offense after an equally long deliberation Tuesday night.
"It was a difficult decision. There was a very emotional debate," juror Juandiego Wade said. "The case was tragic on both sides. We felt that the criteria for voluntary manslaughter best fit what happened that evening."
According to the jury instructions given by Charlottesville Circuit Judge Edward L. Hogshire, Alston could have received either a prison sentence of 1 to 10 years or up to 12 months in jail in addition to a possible fine.
With credit for time already served awaiting trial, Alston could be released in little more than a year and a half, Zwerling said. Hogshire scheduled the final sentencing for Feb. 16, at which point he may choose to impose either the jury's recommendation or a reduced sentence.
Though Virginia has abolished the possibility of parole, Alston could still serve a reduced term for good behavior.
Shortly after being arrested last year, however, Alston was involved in an altercation with a cellmate, according to sources at the Albemarle-Charlottesville Regional Jail where he was being held without bond.
Typically, criminals receiving a sentence longer than one year are transferred from local jail to state prison, Zwerling said. For cases in which the remaining term at the time of sentencing is not significantly more than one year, he added, the Commonwealth may choose not to transfer the criminal.
Zwerling expressed hope that Alston would be able to remain at the local jail during his entire sentence, for safety concerns.
In his closing statement during the sentencing phase of the trial, Asst. Commonwealth Attorney Jon Zug recommended that Alston receive the maximum allowable sentence, though he professed his confidence in the jury's ability to impose its own fair sentence.
"The Sisks don't want vengeance, but they deserve justice," Zug said.
As a result of several contentious objections during the trial, Zwerling said he is considering the possibility of appealing the verdict, though he credited Hogshire as being a "terrific judge."
Having already been acquitted of second-degree murder, Alston could not be convicted of the charge in a retrial, Zwerling said.
Prior to the jury's sentencing yesterday, the defense presented nearly a dozen character witnesses in an attempt to win leniency for the defendant.
Alston's psychologist, a former high school faculty member and the mother of a former roommate, testified on his behalf, claiming that he felt remorse from the crime and was still recovering from the recent suicide of an older brother at the time of the killing, having earlier advised his roommate against committing a similar act.
The prosecution's brief sentencing presentation consisted of Alston's juvenile record, which includes a conspiracy for assault conviction at age 16.
In the closing statement by the defense in the sentencing phase of the trial, Attorney Andrea Moseley suggested that Alston pled guilty to the juvenile offense to avoid being held in custody for the duration of the proceedings and under the impression that the charge would be expunged from his record as an adult.
The trial, which lasted six days, was only the second in recent memory in which a student at the University has been tried for murder.
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