WILBER, Neb. (KMTV) — Bailey Boswell was sentenced to life in prison on Monday morning for the 2017 murder of Sydney Loofe.
SEE ALSO: The Aubrey Trail Trial
This summer a three-judge panel heard arguments during a sentencing hearing and today determined that Boswell would get life in prison and not the death penalty for her role in Loofe's killing.
RELATED: Bailey Boswell's mom: 'Please don't put her to death'
Boswell displayed relatively little emotion during the hearing Monday, with her mother tearing up when the sentence was announced.
In the hearing, Judge Vicky Johnson outlined the case against Boswell. That includes Boswell along with Aubrey Trail, enticing Loofe on a date in Lincoln, later taking her to a Wilber apartment before killing her and placing her remains in a rural Nebraska field.
Two of the three judges on the panel, including Johnson, believed the facts were enough to show the murder was “exceptionally depraved,” one of the qualifiers to warrant a death penalty.
“The murder was coldly calculated, Boswell relished the murder, there was needless mutilation of the body, the murder was senseless, and Sydney Loofe was a helpless victim,” said Johnson.
But Judge Peter Batailon, a Douglas County district court judge, was the lone dissenting vote, which was all Boswell needed to not receive a death sentence.
“I could not find beyond a reasonable doubt that the state of Nebraska met its burden of proof as to this aggravating circumstance,” said Batailon.
Sydney Loofe’s extended family was present in court, but was largely stoic throughout the proceeding.
Boswell’s sentence is in contrast with Aubrey Trail, who was also convicted of killing Loofe, but given the death penalty.
SEE MORE: Aubrey Trail sentenced to death for the murder of Sydney Loofe
Boswell's attorney Todd Lancaster said they were different people that deserved separate fates.
“We put on lots of mitigating circumstances that show Bailey Boswell is a different person than Aubrey Trail,” said Lancaster.
This saga may not be over quite yet. Boswell’s defense attorney said that he is looking at the possibility of appealing her conviction of first-degree murder, they have 30 days to file that appeal.
BREAKING
— Jon Kipper (@jonnykip21) November 8, 2021
One of the 3 judges finds that Boswell’s role in Loofe’s murder does not qualify for the death penalty, saying there was not aggravating factors beyond a reasonable doubt.
Boswell will get life in prison. https://t.co/z3v34fmOnC
Following the sentence being issued, Nebraska Attorney General Doug Peterson released a statement.
“Throughout the criminal justice process, Sydney’s family has persevered with dignity. With the criminal cases coming to a close and the anniversary of her death approaching, our thoughts are with the Loofe family during this difficult time,” said Peterson.
We’ll know soon if Bailey Boswell will get the death penalty for the murder of Sydney Loofe in 2017.
— Jon Kipper (@jonnykip21) November 8, 2021
Aubrey Trail already got a death sentence earlier this year for the same murder.
I’ll update what happens in court in this thread.
Boswell’s parents and grandparents are here.
— Jon Kipper (@jonnykip21) November 8, 2021
So is the family of Sydney Loofe, who sat out the 3-day death penalty hearing. The Loofe family is all wearing purple shirts in her honor.
They largely argued that the way they disposed the body and some cuts on her body that weren’t a part of the dismemberment, showed it was a depraved killing.
— Jon Kipper (@jonnykip21) November 8, 2021
Defense argued that Trail, not Boswell, largely did the dismembering and she was largely just following Trail.
Judge Johnson makes it sound like they’re not taking Trail’s statements (which he said Boswell didn’t kill her) with much accuracy.
— Jon Kipper (@jonnykip21) November 8, 2021
We’ll see if that affects their final decision.
Johnson making it pretty clear the panel found that there are aggravating circumstances in this case. She’s citing other death penalty cases: Carey Dean Moore & John Jubert.
— Jon Kipper (@jonnykip21) November 8, 2021
Specifically how they picked Loofe as a victim.
Johnson says the mutilations prove aggravated circumstances beyond a reasonable doubt.
— Jon Kipper (@jonnykip21) November 8, 2021
Mitigating factors (family, past abuse) could still save her from the death penalty.
A hearing was held in July to determine Boswell's sentence. Her parents asked that she not be executed and defense attorney's pointed to mitigating factors such as an abusive relationship with co-defendant, Aubrey Trail and a previous abusive partner.
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