DeRyke Pleads Guilty to Different Provision of Murder Statute, Life Sentence Still in Place

The case of Justin DeRyke appears to finally be over.

The 23-year-old DeRyke, during a brief appearance Thursday afternoon in Effingham County Circuit Court, agreed to plead guilty to first degree murder in the death of his niece Willow Long under a different provision of the law, one that is not constitutionally challenged, and was again sentenced by Judge Kimberly Koester to natural life in prison without possibility of parole.

DeRyke had pleaded guilty in March to Willow's death and was sentenced to a natural life sentence.  In mid-April, though, Effingham County Public Defender Scott Schmidt filed a motion arguing that the provision under which his client was sentenced was unconstitutional.

The provision under which DeRyke had originally pleaded guilty qualified him for natural life due to Willow being younger than 12 years old and DeRyke being 21 or older.  Judge Koester explained after the hearing that some in the legal community believe that a person is being found guilty twice under that provision, once for the murder and a second time for being of a certain age.

Instead of having to rule on the constitutionality question, though, Judge Koester instead was presented a new agreement between Effingham County State's Attorney Bryan Kibler and Schmidt that DeRyke would plead guilty to first degree murder involving exceptionally brutal or heinous behavior indicative of wanton cruelty.  Kibler and Judge Koester both said after the hearing that there are no constitutional questions concerning this provision.  Kibler said the original agreement involving the provision regarding the ages of Willow and DeRyke was what DeRyke was willing to accept at the time.  He termed the matter "basically a housekeeping issue."

Schmidt also withdrew his motion to reconsider the constitutionality of the provision under which DeRyke was originally sentenced.  Judge Koester said the constitutionality question will be something for the General Assembly or the judiciary to consider in some other matter.