Sentencing trial for James McVay begins - KSFY News - Sioux Falls, SD News, Weather, Sports

Sentencing trial for James McVay begins

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It's day one of testimony in the James McVay sentencing trial.

He faces spending the rest of his life in prison with no chance of parole or the death penalty for killing hospice nurse Maybelle Schein in her home, in 2011.

Maybelle's niece is the one who found her lying in a pool of blood in her bed. It was clearly a painful memory for her. Schein's niece Dianna Stelling was the first witness to take the stand Wednesday morning.

KSFY News was in the courtroom today as she testified today.

She was very emotional, visibly shaken with the thought of having to relive that day.

Stelling asked for a moment to compose herself before the state continued to question it's witness.

James McVay arrived for his day in court Wednesday. His fate? Either life behind bars with no chance for parole or death.  But for Schein's niece, it was her day to take the stand.

Stelling called 911 after she found her aunt lying in a pool of blood in her bed.

Police were next to arrive on scene and they were also the next ones to take the witness stand.

We heard from Sioux Falls police and then the Madison police officer who pulled McVay over.

Throughout the day, jurors saw photos of Maybelle  from the bloody crime scene. We also saw her bloodied night gown and bedding.

But we also saw the police car surveillance video from that traffic stop.

After the officer read McVay his rights, he's heard asked McVay if he wanted to keep talking to which he replied sure man.

McVay said he killed Schein because he wanted to kill her and hoped that he would get the death penalty.  McVay even added that he did not want to plead insanity.

He said he has no remorse and would provably kill again.

For McVay to get the death penalty, the prosecution has to prove two circumstances, that McVay killed Schein for financial gain and that her death was inhuman.

To argue those two points, the defense pointed out Schein was found with her jewelry, that he only took some cash and her car keys, and the house was not ransacked.

His defense also stated McVay believed he killed her quickly so she wouldn't suffer.

McVay is also heard telling police he was high on PCP, that he wanted to kill Schein and wanted the death penalty. 

We should note that no video or audio recordings are allowed in the courtroom during the sentencing phase. 

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