The state's highest court has reached a decision over the fate of Erin Maxwell's killer after the Oswego County District Attorney appealed the ruling from the an appellate court.
By refusing to consider an application by the District Attorney to reinstate a murder conviction, the New York State Court of Appeals has upheld the manslaughter conviction of Erin's step brother Alan Jones, which calls for a reduced sentence of 5 to 15 years.
The court could have dismissed the conviction or reinstated the original conviction of murder. Instead, it allowed a lower court ruling to stand.
Last fall, the Appellate Division decided that Jones' crime did not fit the legal definition of "depraved indifference murder." That court then reduced the conviction to manslaughter.
Jones is serving a reduced sentence of five to fifteen years in the death of the little girl in 2008.
The case gained wide attention for the horrid living conditions in the Palermo home of the Maxwell family.
Oswego County District Attorney Greg Oakes said, "While I knew it was a longshot to get the murder conviction reinstated. I wanted to do everything in my power to fight for Erin Maxwell.'
Jones will become eligible for parole in October. D.A. Oakes has written a letter opposing early release to the Parole Board which will hear the case later this month.