James Gostlin (MDOC)
OAKLAND COUNTY, Mich. (FOX 2) - A man who murdered an 11-year-old girl when he was 20 years old will continue serving a life sentence after a Michigan Supreme Court ruling opened the door for him to potentially get out of prison.
James Gostlin, now 83, was given a life without parole sentence after killing Shirley Husted in 1962 – a sentence upheld by an Oakland County judge last week.
The backstory:
According to the Oakland County Prosecutor's Office, Gostlin first attacked Shirley's father, Wesley Husted, with a hammer while trying to steal his vehicle. The prosecutor's office said Gostlin was attempting to flee the scene after he was accused of sexually assaulting a young family member.
During the hammer attack, Shirley went outside to help her father, and Gostlin killed her with the hammer.
Shirley Husted (Photo courtesy of family via OCPO)
Gostlin was also accused of kidnapping Shirley's mother and sexually assaulting her, but he was only convicted of first-degree murder.
Resentencing:
Though he was not convicted of the sexual assault, the judge who sealed his life without parole fate noted during the resetencing hearing that Gostlin did not show remorse for that alleged crime.
After the sentence was upheld, the Oakland County Prosecutor said the case forced the victim's family to relive the pain of the murder again.
"My heart is with Shirley Husted today," said Prosecutor Karen McDonald. "She was just 11 when she was taken from her family. This process has forced her loved ones to relive this horrific tragedy, and their pain should never be forgotten."
Young offender sentences:
Gostlin had the opportunity for resentencing after a Michigan Supreme Court ruling banned automatic life without parole sentences for people convicted of murders they committed at 19 or 20 years old. This decision was applied retroactively, meaning that people currently serving life sentences for crimes committed before they turned 21 were able to seek new sentences.
Michigan bans automatic life sentences for offenders under 21
Michiganders younger than 21 can no longer receive an automatic life sentence, the state Supreme Court ruled Thursday.
A 2012 United States Supreme Court ruling ordered that offenders younger than 18 cannot receive mandatory life sentences. Michigan's Supreme Court expanded this to 18-year-old offenders when it ruled that sentencing an 18-year-old to automatic life violates the state's constitutional ban on cruel or unusual punishment.
Last year's ruling in Michigan further expanded that.
"The impulsivity of the late-adolescent brain is transient and capable of change, making imposition of mandatory LWOP on this class of individuals particularly cruel," the Michigan justices wrote in their brief.
The Source: This information is from the Oakland County Prosecutor's Office and Gostlin's resentencing hearing.
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