Eliason to be resentenced for 2010 murder

Published 7:59 am Monday, March 16, 2015

A Niles teenager serving life in prison for murdering his grandfather in 2010 will be resentenced in June.

Whether or not Dakota Eliason’s sentence will be changed remains up to Berrien County Judge Scott Schofield, who heard testimony from both sides Thursday and Friday in Berrien County Trial Court in Niles.

Eliason is being resentenced because the U.S. Supreme Court ruled in 2012 that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.

Eliason, now 19, was 14 years old when he fatally shot his grandfather in Niles Township in March 2010.

He was convicted of first-degree murder, which, in Michigan, carries with it a mandatory penalty of life in prison without parole.

The Supreme Court ruling said that judges must consider several factors when considering whether or not to sentence a juvenile to life without parole. Some of those factors include the defendant’s home environment, maturity level, age and ability to appreciate risks and consequences.

Berrien County Prosecutor Michael Sepic said last week’s hearing gave both the prosecution and the defense an opportunity to lay out those factors before Schofield.

A few more things need to happen before Schofield can make a decision on whether or not to change the sentence he gave Eliason in 2010.

Both sides will submit briefs on the issue to the court, which are due April 6. Oral arguments have been scheduled for May 1. Sentencing is scheduled for June 26.

Sepic said Schofield has two options: He can choose “term of years” or “life without parole.”

“If he announces life without parole, there isn’t much mystery in what the sentence will be on June 26,” Sepic said. “If he chooses a term of years, then the mystery will be what exactly he will pick for term of years.”

If Schofield does not impose a life without parole sentence, state statute says the court should impose a minimum sentence between 25 to 40 years and a maximum sentence of at least 60 years.