Crime & Courts

Sentencing begins for Eagle River man who strangled girlfriend

Sentencing began Thursday for 30-year-old David Joseph Thomas, with family and friends of his teenage victim urging the court not to accept a plea deal asking for a jail term of 50 years.

Thomas pleaded guilty in December to strangling to death his girlfriend Linda Anne Martz Bower, 19. Bower's parents have expressed worry that the agreement would make their daughter's murderer eligible for parole in about 14 years.

"I read through a sentencing memorandum (prepared by prosecutors) that read more like a pitch for a soft sentence," said Bradley Miller, Bower's stepfather.

[Eagle River man pleads guilty to killing teen girlfriend]

Miller was one of six people who spoke before Anchorage Superior Court Judge Kevin Saxby during the hearing. All of them urged the judge to impose a harsher sentence on Thomas than that laid out by the agreement between state prosecutors and defense attorneys.

Thomas, 30, originally faced two charges: first- and second-degree murder, each of which carries a sentence of up to 99 years. The plea deal charges him with the lesser murder offense.

Thomas was taken into custody at an Eagle River parking lot the night of Sept. 10, 2014. He called the police to surrender, according to the charging document. Bower's body was found in the back seat of his 1993 Mercedes, the charges say.

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Anchorage police were first notified of the murder by Thomas' brother, who called police saying Thomas had just told him he strangled and killed Bower, according to the charges. Thomas called police about 15 minutes later and said he wanted to turn himself in.

[Eagle River man charged with murder in girlfriend's strangling]

The hearing started with Assistant District Attorney Christina Sherman asking the court to accept the plea deal, which calls for a sentence of 75 years with 25 years suspended, and 10 years of probation.

Sherman told the judge the agreement calls for a punishment within the range for a charge of murder in the first degree. The sentence would prevent Thomas from committing further harm to the public, she said, because he'd likely age beyond the range during which people break the law in their lives.

"The suspended time allows the court to regulate the defendant's behavior" upon his release, she said.

Sherman acknowledged the family was unsatisfied with the agreement, but she said she believes it provides finality in the case. The plea deal prevents Thomas from appealing his sentence, according to the attorneys.

Judge Saxby asked Sherman if Bower's family was correct in their arguments that Thomas could be free in 14 years. She said if the time he's already been imprisoned was included, it was closer to 16 years. Bower's supporters could be heard deriding the prosecutor's reasoning.

Defense attorney Michael Schwaiger said his client was in court to accept the consequences for his actions. Thomas has done nothing while in custody to fight the direction of the case, Schwaiger said. He also noted his client asked the judge to seriously consider Bower's family's wishes during his change of plea hearing.

"He's cried just about every time I've met with him," Schwaiger said. "I only say that to tell you he also grieves … he loved (Bower) very much."

Family and friends were much less forgiving. Bower's stepmother Sherry Bower said Thomas took away her husband's only daughter. She said she sees pain in his eyes daily that causes him sleepless nights.

"I'm sure Mr. Thompson can't even imagine," Sherry Bower said.

Judge Saxby ended the hearing at 4:30 p.m. He set the sentencing to continue on Wednesday.

Jerzy Shedlock

Jerzy Shedlock is a former reporter for Alaska Dispatch News. He left the ADN in 2017.

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