OSWEGO, NY – Alan Jones was re-sentenced moments ago (Nov. 28) in Oswego County Court.
He received the maximum for second-degree manslaughter, 5 to 15 years.
He had been serving a 25 years to life sentence for murder.
Jones was accused of choking Maxwell to death in their squalid Palermo home while their parents were shopping. His lawyer argued successfully to the state’s second-highest court that Jones should have been convicted of manslaughter, not of murder because his actions did not show the depraved indifference to human life required for the murder conviction in 2009.
In court this morning, District Attorney Greg Oakes said Jones did not deserve the opportunity to be released from prison. He snatched Erin Maxwell’s opportunities away and hasn’t shown any remorse or taken responsibility, the DA added.
Jones’ attorney, John Cirando, said he wasn’t surprised Oswego County Court Judge
Walter Hafner sentenced his client to the maximum.
“He expected it,” he said of Jones.
Oakes has said he will appeal to the Court of Appeals in order to have the murder conviction reinstated.
Maxwell’s parents, Lynn and Lindsay Maxwell (Jones’ mother and step-father), were also present at the re-sentencing.
They didn’t make a comment.
The couple was convicted on separate counts of endangering the welfare of a child and served nearly two years in jail.