‘Aggravating factors’ warrant harsher sentence in fatal beating
GRANITE FALLS -- Aggravating factors were present that will warrant a harsher sentence for Chad Laraby, 54, of Granite Falls, in the fatal beating of Linda Kay Boehme, 65, a district judge concluded.
GRANITE FALLS - Aggravating factors were present that will warrant a harsher sentence for Chad Laraby, 54, of Granite Falls, in the fatal beating of Linda Kay Boehme, 65, a district judge concluded.
Laraby pleaded guilty June 2 to second-degree murder-without intent while committing a felony. The offense carries a minimum sentence of 150 months in prison.
District Judge Dwayne Knutsen issued a finding of facts Thursday in which he concurred with assertions by prosecutors that aggravating factors existed. He found that three of four factors as asserted by the prosecutors were present.
When imposing a sentence that deviates from the state Sentencing Guidelines, the court is required by state law to state the reasons.
Knutsen now will be allowed to weigh those aggravating factors when Laraby is sentenced Nov. 10.
The judge found that Boehme was particularly vulnerable and that Laraby acted with particular cruelty when he caused her death March 16.
The judge also found that Laraby had abused a trust relationship with the woman, who had been his girlfriend for a number of years.
But the judge disagreed with claims by the prosecutors that Boehme had an expectation of privacy in her home in Granite Falls, where the assault occurred. He noted that Laraby was an invited guest and stated that she did not have an expectation of privacy in the living area of the home.
According to the court record, Laraby had repeatedly struck Boehme in the head after accusing her of taking his wallet. The injuries caused a subdural hematoma, or swelling of the brain, that caused her death. She died at the Hennepin County Medical Center in Minneapolis about 16 hours after Laraby had made a 911 call around 1:30 a.m. March 16.
Both Laraby and Boehme were intoxicated when the assault occurred. Boehme was particularly vulnerable due to her intoxicated state, small size in relation to the defendant, and her age, just one day shy of her 66th birthday, according to the judge’s ruling.
The judge noted that Boehme had suffered 10 separate areas of injury in the beating, and that Laraby did not provide immediate help to her. He delayed calling for help, and continued to drink whisky and roll cigarettes even after the first responders arrived.
Prosecutors Robert Plesha, with the Minnesota Attorney General’s office, and Stacy Vinberg, assistant Yellow Medicine County Attorney, had filed the motion seeking a harsher sentence when Laraby pleaded guilty in June.