Cherry Sentenced To Life No Death Penalty For Murderer, But Parole Ruled Out

Stephen A. Cherry will spend the rest of his life in prison without parole for killing a Hauser Lake woman in a fit of jealous rage, a judge ruled Tuesday.

While Cherry sat motionless in court, his sister wept and his father looked somber, listening on his birthday to a judge describing his son as a threat to society.

“The volatile nature of his personality disorder shows him to be a very dangerous person,” First District Judge James Judd said.

Cherry, 47, was found guilty of first-degree murder for shooting Susan Foutz, 42, three times with a high-powered rifle in front of her Hauser Lake home. He also was sentenced to 30 years in prison for wounding Charles Babb, 40, the man staying with Foutz that night, and an additional 20 years in prison for chasing her roommate Tami Hoover from the house, threatening to kill her.

“I just thank God it’s over,” said Hoover after the sentencing. “I feel a sense of security now.”

The judge could have sentenced Cherry to death, but instead cited Cherry’s low intelligence and family situation as reasons for the lifelong prison sentence.

Cherry’s oldest brother died when he was a baby, another committed suicide and the youngest brother died in an automobile accident in 1984. His mother also is dead and his father was physically and mentally abusive, Judge Judd said.

Despite his upbringing and battles with alcohol and drugs, Cherry was a good father and enthusiastically supported his 22-year-old son’s motocross aspirations. He has good relationships with numerous friends and relatives, Judd said.

In addition, Judd said Cherry was not a cold-blooded killer, in part, because he intended to destroy himself after killing Foutz. Cherry shot himself in the chest after shooting Foutz, but survived.

Judd said Cherry has a propensity to be a continuing threat to society based on his possessive and abusive relationships with other women, including girlfriends. The judge specifically mentioned Janice Butler, a Spokane Valley woman who survived a 1988 attack five months after Cherry had threatened to kill her.

“I think there is a high degree of probability, but not beyond a reasonable doubt, that Cherry was the assailant who slit Janet Butler’s throat,” Judd said.

Kootenai County Prosecutor Bill Douglas said after the decision that justice had been served. “There are no winners in this case. Judge Judd is very careful. There will be no reoffense, he (Cherry) will spend life in prison.”

George Foutz, the widower of Susan Foutz, said he was pleased with the outcome, as were their two sons. “I wouldn’t have settled for less than life in prison. I’m happy. It’s been a long, long time.”

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