Mauricio resentenced to 55 years, instead of 60, for '07 murder
The man who murdered an 83-year-old neighbor in Aurora Township in 2007 will spend five fewer years in prison than he was originally sentenced to.
Hector Mauricio, 28, was resentenced Friday to 55 years in prison for the murder of Roscoe Ebey.
"We were really hoping to get the extended term (of 60 to 100 years)," said Richard Ebey, Roscoe's son, who said he was "not happy at all" and was disappointed in Judge Susan Clancy Boles.
Ebey also said, however, he hopes Mauricio can "better himself" in prison and that he feels sorry for Mauricio's 9-year-old daughter. Evidence had been presented that Mauricio tried to be a good father and was still involved in his child's life despite being in prison.
Boles took into account Mauricio's upbringing in an "urban war zone," as she called it, with an alcoholic mother, a father who beat family members, and an older brother convicted of attempted murder at the age of 18. His father is in prison for murdering the oldest child in the family.
She also cited Mauricio's abuse of alcohol, his admission of guilt, the remorse he expressed, his obtaining a GED degree while in prison, and efforts he is making to improve himself as mitigating factors.
But she agreed with prosecutors' contention that the crime was heinous and brutal.
Ebey was stabbed 36 times, and cut 38 times, in the bedroom of his house. Mauricio had broken in.
After attacking Ebey, Mauricio ransacked the house. He then tried to set Ebey's body, as well as the house, on fire.
He was caught escaping via a basement window by a neighbor who heard noise from the attack. The neighbor detained Mauricio until police arrived.
Mauricio pleaded guilty in 2011 and was sentenced to 60 years in prison by Judge Timothy Q. Sheldon, who has since retired. An appellate court remanded the case for resentencing, saying Sheldon acted improperly when he said during sentencing that he respected Roscoe Ebey as part of "the greatest generation," or those who served the country during World War II.
Prosecutors have said Mauricio was looking for items to steal when he broke into the home. And having a bad childhood didn't matter, Assistant State's Attorney Jody Gleason said. She pointed out that Mauricio has an older sister who has managed to stay out of trouble.
"Lots of people have tragedy in their life and they don't end up killing people like Mr. Ebey," Gleason said.
"He did not have to do it. My father was the most generous person. All he had to do was ask and my dad would have given him anything he wanted," Ebey said.
"He was sentenced to 55 years, and I was sentenced to 55 years."