What an Alford plea means in Wilmington Marine’s killing

WILMINGTON, NC (WWAY) — The man who pleaded guilty to the stabbing death of a Marine in downtown Wilmington will spend 21 to 26 years in prison, a sentence that has raised questions about how North Carolina’s sentencing laws and plea agreements work.

Davy Spencer, 47, entered an Alford plea Tuesday to second-degree murder and two felony assault with a deadly weapon charges in connection with the April 5 stabbing death of 21-year-old Marine Daniel Montano on North Front Street.

An Alford plea allows a defendant to plead guilty while maintaining their innocence. The defendant acknowledges that prosecutors have enough evidence to secure a conviction.

“An Alford plea is a guilty plea where the defendant doesn’t admit to the conduct in the underlying charges,” said Brandon Pettijohn, a partner with the Pettijohn and Getty Law Firm.

“They admit that the state has enough evidence against them to get a guilty conviction,” said Pettijohn.

Prosecutors told the court that a video showed the confrontation between Spencer and Montano. According to prosecutors, the altercation began after the use of a racial slur in a conversation involving Montano and his friends.

Spencer told prosecutors he may have taken things too far. The evidence against him may have played a role in his decision to enter the Alford plea.

Pettijohn said Spencer’s prior criminal record was another factor in determining his sentence under North Carolina’s structured sentencing system, which considers factors including the severity of the crime and the defendant’s prior record level.

“Some of the factors that go into that is their prior record level. Depending on the prior record level and the sentencing guidelines that are statutory sentencing guidelines, that develops the range,” said Pettijohn.

Although Spencer could have faced a longer sentence, the court accepted a negotiated plea agreement that resulted in a sentence within the applicable sentencing guidelines.

“The maximum sentence that he could have received was much higher than the sentence he actually received, but it was within the presumptive range, and the court elected to adopt and accept the negotiated plea and the sentence within there; it was within the sentencing guidelines so the court had the authority to accept that,” said Pettijohn.

Spencer’s sentences were also consolidated, meaning the charges resulted in a single consolidated sentence rather than separate consecutive prison terms.

“It typically means a concurrent sentence, so it is one sentence out of those three charges, and the state will typically do that whenever there’s an opportunity for a full and final resolution to bring justice to the case,” said Pettijohn.

Pettijohn said taking a case to trial can require years of preparation and prosecution. For victims’ families, that process can mean repeatedly reviewing painful evidence and reliving the loss of a loved one.

Resolving a case through a plea agreement can also save the state time and money, he said.

Spencer was sentenced to 21 to 26 years in prison.