Killer Had ‘Sad Family,’ Judge Told

Stephen A. Cherry’s aunt described her nephew’s life as torn by abuse and tragedy as testimony concluded Friday in the Post Falls man’s sentencing hearing.

His father, Lem Cherry, became violent while drinking, often making Stephen Cherry the target of his abuse, Rose Blessing said.

Cherry also was devastated by the deaths of three brothers, one of whom shot himself, she said.

“It’s a sad family,” Blessing said.

Cherry, 47, faces the death penalty for shooting Susan Foutz to death in front of her Hauser Lake home. A jury also convicted Cherry in June of using the high-powered rifle to wound Charles Babb, 40, the man staying with Foutz that night, and chase Tammy Hoover, Foutz’ roommate, from the house.

First District Judge James Judd can send Cherry to prison for life or sentence him to death. To impose a death sentence, Judd must find the evidence supports beyond a reasonable doubt one of three aggravating factors argued by prosecutors. He will announce his decision later this month.

Prosecutor William Douglas argued that witness testimony showed Cherry has an utter disregard for human life, is a continuing threat to society and committed a heinous crime.

“He’s never accepted responsibility. He has never shown remorse,” Douglas said. “He has never taken that first step, your honor, toward rehabilitation.”

Public Defender John Adams urged the judge to find the first two proposed aggravating circumstances “unconstitutionally vague.”

He asked Judd to sentence Cherry to a life term with the possibility of parole because Douglas failed to prove the murder stood apart from other killings as particularly heinous.

Judge Gary Haman was the last in Kootenai County to invoke capital punishment, sentencing Donald Paradis to death in 1983. Paradis has since been granted clemency.

, DataTimes