Former University student Andrew Alston was sentenced to three years in prison followed by three years of suspended probation by a Charlottesville General District Court judge yesterday.
Alston will serve his prison sentence in Virginia and then negotiate with the parole board to return to his native Pennsylvania, Commonwealth Attorney Jon Zug said.
Alston's attorney, John Zwerling, said Alston should be released from prison during the summer of 2006.
According to Virginia statute, Alston has 10 days to file an appeal.
"I have every belief they will appeal," Zug said. "I think we had a good case, and I don't have any fear it will be overturned."
Last semester, a jury recommended that Alston be sentenced to three years in jail for voluntary manslaughter for the Nov. 8, 2003 stabbing death of Walker Sisk, an Albemarle County volunteer firefighter.
"Even though the jury made this recommendation, it is just a recommendation," Law Prof. Richard Bonnie said. "The ultimate authority to sentence [was] up to the judge."
Sisk's family was present for the sentencing.
"We accept the sentence, and we can live with that, but we can't live without our son," Howard Sisk, Walker's father, said after the sentence was announced.
At the sentencing, Zug decided to play a recording of Alston's first phone call after Alston heard the jury's sentence last fall. Zug's decision to play the tape, in which Alston utters profanity directed at Zug, caused some controversy in the courtroom.
"He gets back to jail [after the jury's sentence was announced] and his first call is to his mother," Zug said. "He said 'F*** you, Zug!'"
Zwerling, however, said the tape was played out of context. He noted that Alston had lived under a lot of stress in practically solitary confinement during the year leading up to the decision. Even though Alston did not receive the maximum 10-year sentence, Zwerling said he did not feel they had won the case.
"I've noticed the grief that he has and the remorse," Zwerling said. "There were no winners on 14th Street that night"
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