Updated 11/28/2012 07:48 PM
Alan Jones re-sentenced, eligible for parole in 10 months
The Oswego County man convicted of killing his step-sister, Erin Maxwell, in 2008, will be eligible for parole in less than a year. Alan Jones was re-sentenced Wednesday after the appellate division recently reduced Jones' murder conviction to second degree manslaughter. Candace Hopkins has more.
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OSWEGO COUNTY, N.Y. -- Alan Jones looked on in silence as the judge sentenced him to the maximum of five to 15 years in state prison. But Jones has already served a little more than four years behind bars and even though it is unlikely, he could be released on parole in less than a year.
"I think it was very appropriate. I was very pleased the court imposed the maximum sentence. In my heart and everybody else in the community, I wish he could serve a longer sentence, but five to 15 is the maximum and he deserves it," said Oswego County District Attorney Greg Oakes.
This court appearance is the latest twist in a story that has gripped the community. The 2008 killing of Erin Maxell stunned Oswego County. The 11-year-old had been living in squalor, in a home overrun with animals and filth.
In 2009, Jones was convicted of second degree murder with depraved indifference for her death. His charge was reduced by the appellate division earlier this month.
As has been the case with every court appearance, Jones did not speak at his sentencing. The DA says it was another example of Jones showing no remorse.
"I think as long as he continues to deny his role in her death, I think Alan Jones should be and probably will continue to sit in prison," said Oakes.
Jones' attorney disagrees.
"He maintains his innocence and as I said in court, people react differently to different situations. He should not be sentenced for a longer period of time because of his personality," said John Cirando.
Erin's father, Lindsay, and step-mother, Lynn, were also on hand, but like Jones, left the court in silence.
This case is far from over though. Both sides want to petition the court to continue appealing. The DA's office wants the murder conviction reinstated. The defense wants everything thrown out.
But for now, Alan Jones is on his way back to state prison.
Lindsay Maxwell did request to speak to the court, but that request was denied because he didn't make the request prior to the appearance.
The Maxwell's themselves spent 15 months in prison because of the living conditions inside the house at the time of Erin's death.