Sunday, July 27, 2008

"Cowboy" Mike sentenced to 47 3/4 years in prison for rape, murder

"Cowboy" Mike Braae was sentenced Thursday, July 24 to 47 ¾ years in the Washington State prison system for the 2001 rape and murder of 44 year old Lori Jones. Superior Court Judge Richard Strophy called Brahe one on the few “truly dangerous” individuals he met in his 37 year legal career, and said to the convicted murderer and rapist, "That's your epitaph, and you're proud of it so you can swagger on to the Department of Corrections."

A jury found Braae guilty of murder and first-degree rape May 22, six years to the day after he was charged.

Jones' two daughters, Elisa Jones, 18, and Melinda Frazier, 32, testified at trial and had planned to speak at the sentencing by telephone. Jones is visiting Frazier in Tennessee, where she is stationed with the Navy.


Shandi Druett, Jones' legal guardian, said the daughters changed their minds because they had nothing more to add and felt comfortable leaving the decision in the judge's hands. They asked prosecutors to seek the maximum penalty. Strophy sentenced Braae to 573 months in prison — the top of the sentencing range.

Druett said the sentencing was a huge relief and provides closure so the daughters can move on with their lives. "We're very happy this is the end, and we're very happy with the outcome," she said.


Brahe told Strophy he had nothing to do with Jones’ murder and that his defense attouneys did not interview witnesses that would have freed him from jail. "I wouldn't be standing here convicted of this crime today" if lawyers Larry Jefferson and James Shackleton did a better job representing him.

He will serve the sentence for murder and rape after he completes his Idaho sentence for aggravated assault and fleeing a police officer in 2012. He will be processed by the Washington DOC before being returned back to Idaho.

Prior to Thursday's sentencing, Brahe's lawyers had argued Strophy should dismiss the rape conviction — resulting in a lesser sentencing range — because the rape and murder constituted a single act.

"The events were not separate and distinct conduct," they wrote in their memorandum to the court. "Rather, the rape was integral to Ms. Jones death."


Strophy agreed with the prosecution that the crimes were distinct because Braae's intent changed while committing them. Braae's intent in raping Jones was to have sex by force.


"When Braae concluded the rape, and proceeded to murder Lori Jones, his objective intent changed as he strangled her to death," according to their sentencing memorandum.


Brahe testified he met Jones 3 months prior to her death, but forensics proved he was in Jones’ apartment when she died, 2 days after he killed her.

No comments: