The Colorado Supreme Court has ruled in favor of upholding lifetime prison sentences for individuals convicted of felony murder, despite a recent change to state law that capped such sentences at 48 years. The decision came in response to a challenge brought by Wayne Sellers, a former Fort Carson soldier who was convicted of felony murder for his involvement in a 2018 robbery that resulted in the death of a 20-year-old man.
Under Colorado law, individuals can be charged with felony murder if they participate in a felony arson, robbery, burglary, kidnapping, escape, or sexual assault, and someone dies during the commission of the crime. It is irrelevant whether the person charged directly caused the victim’s death or intended for someone to die during the criminal act.
Sellers, 26, argued that his life sentence should be reduced in light of the 2021 law change, which limited the maximum sentence for felony murder to 48 years. However, the court unanimously ruled that Sellers’ sentence was constitutional and reasonable, emphasizing that he was convicted in 2019, prior to the law change.
The court’s opinion stated that although Sellers did not personally kill the victim, he actively participated in the events that led to the victim’s death. Sellers fired 11 rounds during the robbery, but it was his accomplice who ultimately killed the victim. The court found that Sellers’ sentence was not grossly disproportionate to the crime committed and did not warrant a reduction.
The decision by the Colorado Supreme Court comes after a series of high-profile felony murder convictions, including one case where a man received a life sentence for his involvement in a burglary that resulted in the death of a woman. The 2021 law change was intended to address concerns about the severity of punishment for individuals who did not directly cause a death during the commission of a felony.
Governor Jared Polis, who supported the law change, expressed his belief that the person responsible for the murder should receive the harshest punishment. However, the court’s ruling affirms that Sellers’ life sentence without the possibility of parole is the most severe penalty available under Colorado law.
