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By Beacon Journal staff report
POSTED: 06:32 p.m. EDT, Jul 25, 2008
A 31-year-old man who shot and killed a 16-year-old Akron girl in 1996 has been removed from Ohio's death row and has been resentenced to life in prison.
Michael D. Stallings was sentenced to death in 1998 for the aggravated murder of Rolisha Shepherd during a robbery attempt involving gang members and drug dealers in Akron.
After the U.S. Supreme Court ruled in 2002 that the mentally retarded cannot be executed, Stallings sought to have his sentence commuted to life in prison.
A Summit County court upheld Stallings' death sentence in 2004, ruling that Stallings may be mentally retarded, but he did not prove the condition existed before he turned 18, as required by law.
Earlier this year, a federal appeals court ruling said that Stallings had to be resentenced due to an error by defense counsel.
That finding was appealed by the Ohio Attorney General to the U.S. Sixth Circuit Court of Appeals. Stallings appealed other parts of the ruling.
The resentencing ends all appeals, Summit County Prosecutor Sherri Bevan Walsh said in a news release.
Shepherd was holding her 14-month-old son in her arms when she was shot. Stallings, a reputed gang member, claimed he didn't believe the gun was loaded and did not intend to kill Shepherd.
A 31-year-old man who shot and killed a 16-year-old Akron girl in 1996 has been removed from Ohio's death row and has been resentenced to life in prison.
Michael D. Stallings was sentenced to death in 1998 for the aggravated murder of Rolisha Shepherd during a robbery attempt involving gang members and drug dealers in Akron.
After the U.S. Supreme Court ruled in 2002 that the mentally retarded cannot be executed, Stallings sought to have his sentence commuted to life in prison.
A Summit County court upheld Stallings' death sentence in 2004, ruling that Stallings may be mentally retarded, but he did not prove the condition existed before he turned 18, as required by law.
Earlier this year, a federal appeals court ruling said that Stallings had to be resentenced due to an error by defense counsel.
That finding was appealed by the Ohio Attorney General to the U.S. Sixth Circuit Court of Appeals. Stallings appealed other parts of the ruling.
The resentencing ends all appeals, Summit County Prosecutor Sherri Bevan Walsh said in a
news release.
Shepherd was holding her 14-month-old son in her arms when she was shot. Stallings, a reputed gang member, claimed he didn't believe the gun was loaded and did not intend to kill Shepherd.
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