New law should resolve issues for juvenile ‘lifers’

FAYETTEVILLE — Prosecutors believe a newly enacted state law has resolved unconstitutional sentencing issues for two men sent to prison as teens for life without parole for capital murder.

James Dean Vancleave, 54, of Springdale was convicted of capital murder in the 1978 killing of a convenience store clerk. Christopher S. Segerstrom, 45, was convicted of capital murder for killing a four-year-old Fayetteville girl in 1986.

Vancleave had a hearing regarding his sentencing Tuesday afternoon in Washington County Circuit Court.

“It’s our position that Act 539 resolves the issue,” Washington County Prosecutor Matt Durrett said. “My position is that he should be sentenced to life with the possibility of parole after 30 years. That will still make it up to the parole board, but he would be sentenced to life.”

The new law, signed by Gov. Asa Hutchinson on March 21, was in response to state and federal appeals court rulings that said mandatory life without parole sentences for juveniles are unconstitutionally cruel and unusual punishment. Teens should at least have the hope of some day being released, according to the rulings, which are retroactive. The rulings mean inmates, including those convicted decades ago, must be considered for parole or given a new sentence.

“The new law sets the penalties for capital murder for anyone under the age of 18 at the time of commission at life with the possibility of parole after 30 years, ” Durrett said after the hearing. “The two that I have have been in longer than 30 years, there are plenty around the state that have been in 10 or 15 years. They would, obviously, have to wait till they hit the 30 years to be eligible, but my two would immediately be eligible for parole.”

Durrett filed a motion after Vancleave’s hearing addressing his views about the new law.

Mark Freeman, attorney for Vancleave, said he’s not sure the new law is on point. Freeman said he will likely file a response to Durrett’s motion with the court within 10 days. Freeman is representing Vancleave after Bob Estes, who represented Vancleave at trial, asked to be relieved from the case Tuesday.

Washington County Circuit Judge Mark Lindsay heard from both sides, asked for further briefs and set another hearing for April 19.

“I want to set this for a hearing to get it off of high center,” Lindsay said. “It’s not doing anybody any good for this to just kind of stick around for a long time. I’m going to resolve this case.”

Lindsay denied a bond request by Vancleave. Freeman said Vancleave has relatives in Springdale willing to take him in and has skills learned working in prison he could use to get a job. Prosecutors opposed the move.

“He’s already been convicted. Capital murder is the highest crime there is,” Lindsay said. “Obviously, there is a high risk for a person who has been convicted of that to take their leave, so I cannot in good conscious consider any kind of bond under this case.”

Vancleave was 16 when he killed 23-year-old Debra King on Jan. 29, 1978, at a convenience store on Elm Springs Road, which was then just outside Springdale.

Vancleave stabbed King 16 times, slashed her hand 11 times and tried to slash her throat with a small hunting knife to get $30 from her purse. The cash register wasn’t touched.

Motions to transfer the case to juvenile court or change the venue because of extensive media coverage were denied. Vancleave was convicted July 24, 1978. Prosecutors sought the death penalty against Vancleave, but the jury returned life without parole.

Vancleave has been held at the state Department of Correction’s Grimes Unit at Newport in Jackson County. He’s currently at the Washington County Jail so that he can be available for court hearings.

Segerstrom was 15 on July 26, 1986, when he took Barbara Thompson into a wooded area behind the Lewis Plaza Apartments and sexually assaulted her before bashing her head with a rock and suffocating her. Segerstrom had promised to help the child catch butterflies.

Segerstrom is being held at the state Department of Correction’s Ouachita River Unit at Malvern in Hot Spring County.