Resentencing set for man in family’s 1994 beating death

PASCAGOULA, Miss. (AP) – Resentencing has been scheduled for a Jackson County man in the 1994 beating deaths of four family members.

The Sun Herald reports Stephen Virgil McGilberry is scheduled for resentencing Nov. 14. He was in Jackson County Circuit Court on Thursday.

The 37-year-old McGilberry was 16 when he killed his mother, stepfather, sister and her 3-year-old son with a baseball bat.

In 1996, a Jackson County jury convicted him and sentenced him to death, but a U.S. Supreme Court barred the death penalty for juveniles. In 2005, McGilberry was re-sentenced to four consecutive life terms without the possibility of parole.

He won a third chance at sentencing after a 2012 U.S. Supreme Court ruling found that automatic life sentences for juveniles violate the Eighth Amendment’s prohibition against cruel and unusual punishment.