AUGUSTA, Maine — The family of a woman brutally murdered nearly three years ago in St. Francis called for lawmakers Wednesday to support a bill that would impose a mandatory life sentence for a domestic violence homicide.
Jesse Marquis, 41, of St. Francis is serving a life sentence at the Maine State Prison in Warren for the May 31, 2014, murder of Amy Theriault, 31, in her home.
Theriault was stabbed 11 times, then, shot by Marquis the day after she broke up with him. He eluded police for six days, causing one of the largest manhunts in the state’s history. Her slaying was classified as a domestic violence homicide by the Maine State Police.
Marquis faced between 25 years and life in prison, which caused the family and northern Aroostook County great anxiety as they waited for the outcome of the trial in June 2016 and the sentence the following month, Sen. Troy Jackson, D-Allagash, who sponsored the bill, told the Criminal Justice and Public Safety Committee at a public hearing Wednesday.
LD 449 states: “This bill proposes to require an automatic life sentence for a defendant convicted of murder as a result of domestic abuse.”
“This shouldn’t be something the family has to beg the courts for,” Jackson said.
Theriault’s mother, Barbara Theriault of St. Francis, and sister, Pam Dubois of St. John Plantation, urged committee members to support the bill.
“It is an injustice to the families left behind to know murderers will someday be free,” Barbara Theriault said. “Prior to Amy’s death I had very little knowledge of the criminal justice system. I thought the system would automatically pursue a life sentence.”
Before the trial, however, the family learned that a plea deal had been offered to Marquis. In exchange for a guilty plea, the prosecutor in the Maine attorney general’s office and the defense team would recommend Marquis be sentenced to 40 years in prison.
“We figured that with good time, he would serve 32 to 33 years,” she said. “Potentially, he could have been released in his lifetime. He could be free in the future to menace our family and our community.”
Amy Theriault left behind two daughters who are being raised by family.
However, John Pelletier, chairman of the Criminal Law Advisory Commission, opposed the bill on the group’s behalf.
“Every homicide is a tragedy,” Pelletier said. “The commission opposes mandatory sentences. The discretion of judges should be maintained. As heinous as every murder is, not every murder calls for a life sentence.”
In Marquis’ case, Superior Court Justice E. Allen Hunter found that Theriault’s murder was premeditated and its manner was extremely cruel. Those factors allowed Hunter to impose a life sentence, Pelletier told lawmakers.
“Nothing about a mandatory sentence will ease the anxiety of the families of victims,” Pelletier said.
Committee member Sen. Bill Diamond, D-Windham, suggested that rather than requiring judges to impose mandatory life sentences, the Legislature could direct judges to start with a life sentence but allow them the discretion to impose a lesser sentence if they found that any mitigating circumstances warranted it.
Rep. Lois Reckitt, D-South Portland, said that the law should not send to prison for life those defendants who kill their spouses or domestic partners after suffering years of abuse.
The night before the hearing, Barbara Theriault told the Fiddlehead Focus that since her daughter’s murder, the family has worked to shine a light on domestic violence and its impact on families and communities.
“I have to find purpose,” she said. “If we can do something to heighten awareness in the community about domestic violence and it helps save a life, then, it brings something meaningful to Amy’s death,” Barbara Theriault said. “What I hope to bring to Augusta is to make them see that the system we have in place is not working. We need to make changes.”
The Criminal Justice and Public Safety Committee will hold a work session on the bill at 1 p.m. Wednesday, March 8.
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS 800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.
Fiddlehead Focus writer Jessica Potila contributed to this report.