AURORA | A man who killed an Aurora convenience store clerk in 2006 was sentenced to 30 years in prison Monday after the Colorado Supreme Court tossed his life sentence earlier this year.
Jonathan Andrew Doubleday, 33, was convicted in 2008 of felony murder and second-degree murder for killing Jutte Gallegos Burton at the 7-Eleven at East Sixth Avenue and Havana Street.
A judge later sentenced Doubleday on the felony murder charge to life in prison without the possibility of parole.
But in a legally complicated ruling earlier this year, the Colorado Supreme Court tossed Doubleday’s felony murder conviction and ordered the court to re-sentence him on the second-degree murder charge.
Doubleday, who has been in jail since his arrest in 2006, will receive credit for time served, said Vikki Migoya, a spokeswoman for the Arapahoe County district attorney’s office.
If Doubleday is granted parole on the second-degree murder charge, he will then start serving a five-year sentence for a contraband conviction he received while incarcerated in 2015. Deputy District Attorney Rich Orman said that charge stemmed from Doubleday being caught with a shank in prison.
Prosecutors said this week that the sentence from Judge Michael Spear was too light considering Doubleday’s crime.
Orman said Gallegos’ family asked for the maximum sentence of 48 years, and prosecutors agreed.
“I just don’t think that 30 years comes close to being enough time for doing what he did. Thirty years, assuming he does everything he needs to do in prison, probably comes out to about 17 or 18 years in prison. For me, that just doesn’t cut it for murder. To be sure, getting this sentence is the best day of this cold-blooded killer’s life. And that’s a shame,” he said in a statement.
Doubleday shot Gallegos in the back with a shotgun then fled the scene, leaving her to die.
Defendants can be convicted of felony murder if a person is killed during the commission of certain felonies. In Doubleday’s case, prosecutors filed the felony murder charge based on the fact that Doubleday was committing a robbery at the time of Burton’s slaying.
But Doubleday argued at his trial that he committed the robbery under duress and only because a gang member he owed money to threatened to kill his wife and child and forced him to rob the store.
The jury acquitted Doubleday of the robbery charges but found him guilty of felony murder and second-degree murder.
The court ruled that, because the jury had acquitted Doubleday of attempted robbery, they could not convict him of felony murder.
At Doubleday’s sentencing in 2008, the judge opted not to hand down a sentence on the second-degree murder charge and sentenced Doubleday to the life in prison term mandated by the felony murder conviction.
At Doubleday’s previous sentencing, prosecutors asked the judge to sentence him to the maximum on that count.
Burton’s daughter, Patricia Gallegos, addressed the court at that first sentencing and after Doubleday told the court he was sorry and several of his relatives had asked the judge for leniency.
Gallegos didn’t appear moved by Doubleday’s comments or by the testimony of his family that he was a compassionate and loving person.
“Where was your compassion when you shot my mother and left her there to die?” she said.
Doubleday is serving his sentence at the Buena Vista Correctional Facility, according to the Colorado Department of Corrections.