Fairfield teen who killed teacher asks justices to toss out 35-year mandatory minimum

Lawyers for one of the two Fairfield teens convicted of killing their high school Spanish teacher argued this week that the trial court abused its discretion by ordering him to serve a 35-year mandatory minimum of a life sentence before being eligible for parole.

Willard Chaiden Miller, now 19, is asking the Iowa Supreme Court to resentence him to up to life in prison but without a mandatory minimum for killing Nohema Graber, 66, on Nov. 2, 2021, with a baseball bat at a park near Fairfield High School. Miller was 16 at the time.

The appeal argues that 8th Judicial District Shawn Showers abused his discretion because a mandatory minimum against a juvenile offender amounts to “cruel and unusual punishment” without the judge considering expert testimony related to the teen’s psychological traits.

The prosecution had the burden to prove Miller deserved a mandatory minimum based on expert testimony, which it didn’t have at the sentencing, according to the appeal, which was argued Monday.

Miller’s lawyers also argue the justices should decide if it is cruel and unusual punishment, under the Iowa Constitution, to sentence a juvenile to a mandatory minimum even when there is a sentencing that considers the individualized characteristics of the offender and the offense, which was done in this case.

The appeal contends Judge Showers abused his discretion because he failed to begin with the presumption that there shouldn’t be a minimum term for a juvenile offenders and inappropriately analyzed the juvenile sentencing factors.

The court also inappropriately considered the juvenile sentencing factors as aggravating instead of mitigating as required by case law, according to the appeal. The court must view the factors of youthful behavior, family and home environment, circumstances of the offense and how youth played a role in a “mitigating light.”

Miller’s lawyers argued the court didn’t view these factors as mitigating and didn’t appropriately consider them. The appeal noted Showers said Miller “knew what he was doing” when he committed the offense but before November 2021 he had no issues complying with the law — which, the appeal said, indicated the court didn’t view the youthful factors as mitigating.

“Miller is a minor whose brain is continuing to develop,” his lawyers argued. “When handling youthful offenders, the brain development is central to the juvenile sentencing procedure.”

The trial court focused on the intelligence of Miller who committed an “evil crime,” and stated his intelligence was an aggravating factor, according to the appeal.

The state, in its response, argued Showers didn’t start with any presumption. Miller and the circumstances of the crime convinced the court that a mandatory minimum was necessary.

Judge Showers said he considered all the sentencing options and the 25 factors the court is required to review and walked “step-by-step” through each of those and explained his reasoning, according to the state.

During Miller’s sentencing, Showers also noted the “heinous and brutal” nature of the crime and how Miller planned the fatal attack and recruited fellow student Jeremy Goodale, then 17, to help him.

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The judge also said that “evil doesn’t have a birthday” and the years in prison would give Miller time to rehabilitate, receive an education and grow and mature.

The state, in its response, also pointed out Showers said he “would not be doing my job if I didn’t impose some sort of mandatory minimum.” He said he was going to issue a mandatory minimum because it would be “contrary to the public safety of the community you reside in and to the residents of the community you reside in.”

According to evidence presented at pretrial hearings and his sentencing, the teacher was killed because she gave Miller poor grades.

During sentencing, Miller said he accepted responsibility in Graber’s death and apologized to the Graber family. He also said he was sorry about the death of Paul Graber, Nohema’s husband, who died in June and didn’t have the chance to provide an victim impact statement at sentencing.

Several members of Graber’s family who gave victim statements doubted Miller’s sincerity or remorse.

Goodale, now 19, also convicted of first-degree murder for assisting Miller in Graber’s slaying, was sentenced to a 25-year mandatory minimum of up to life in prison. Prosecutors said the lesser mandatory recommendation is because Goodale cooperated with investigators.

Both teens are at the Iowa State Penitentiary in Fort Madison.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com