In what all parties involved describe as a tragedy, a University student and a local firefighter end up in an altercation after a night of heavy drinking, leaving one dead and the other in prison.
One year later, a jury found former student Andrew Alston guilty of voluntary manslaughter in the Nov. 8, 2003 stabbing death of 22-year-old Walker Sisk and sentenced him to three years in prison.
"This is the kind of case where no one is going to be satisfied," University Law Prof. Anne Coughlin said.
To those familiar with the criminal law and the courts, Alston's trial seemed to highlight the various competing forces at work in the justice system.
"It's a compromise verdict," Coughlin said. "People are often shocked when that happens, but that is what's going on throughout the system."
Immediately following the trial, both sides seemed to accept the decision even as they disagreed with it.
Despite the lack of reliable eyewitness testimony or irrefutable evidence, defense attorney John Zwerling said, the jury was unlikely to completely let Alston off the hook for killing a local volunteer firefighter who was well-connected to the community.
"It would have taken enormous courage for them to acquit him," Zwerling said.
According to University Law Prof. Earl Dudley, such logic may not have been a factor in the jury's relatively lenient decision.
"If that was the case, you'd think it would have cut the other way," Dudley said.
Having felt confident in the initial charge of second-degree murder, for which Alston was found not guilty, Asst. Commonwealth Attorney Jon Zug said he thought the sentence was too light, especially when compared to a nine-year sentence given to a cocaine dealer earlier that day.
University Law Prof. Kim Forde-Mazrui disagreed with Zug's assessment.
"That's kind of missing the point," Forde-Mazrui said. "It assumes the drug sentence is right."
University Law Prof. Stephen Smith said harsh sentences have not proved to deter would-be criminals and can backfire by increasing dissatisfaction with the justice system.
"Deterrence can be pretty draconian," he said. "Retribution has to play a role."
Unlike most states, which allow judges to determine punishment, Virginia leaves sentencing to juries, though judges have the discretion to reduce the sentence that is given.
The federal government, on the other hand, leaves very little discretion for judges in its mandatory sentencing guidelines, Smith said.
"They take away the discretion not to make it fairer, but to make it harsher," he said.
For example, Smith said, sentencing all criminals to life in prison would offer consistent punishment, but it is unlikely to be viewed as being fair.
"Compromise is not just the best we can do, it's what we want to do," Coughlin said. "The sentence should fit both the crime and the defendant."
Jurors in the case likely weighed Alston's juvenile record, family history, and overall demeanor in determining his sentence, she said.
To those who think Alston got off easy, Smith said the long-term impact of having committed a crime may be a more devastating factor in his life than the time he spends in prison.
"You're just damaged goods once you get out," Smith said.
Having been suspended from the University shortly after his arrest last year, Alston would have to reapply for admission to the University once released from prison to continue his attendance here. Starting last year, applicants to the University are required to disclose any prior convictions with the exception of non-violent traffic offenses.
An applicant's criminal record "would be very carefully scrutinized," University spokesperson Carol Wood said. "It could weigh heavily against a person."
In Alston's case, he would be subject to UJC charges before his application would be considered, Wood said.
Following the trial, Zwerling left open the possibility of an appeal, but appellate courts are generally reluctant to overturn a lower judge's ruling on a specific objection.
"Most convictions are affirmed on appeal," Dudley said, though it would depend on the specifics of the case.
Sisk's family could still file a wrongful death claim against Alston at their own expense, but Smith said there is no guarantee they would receive any compensation if they won.
"The civil system isn't a good way of getting justice," he said.
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