After reviewing an autopsy report, Alaska prosecutors have decided to not pursue an addition murder charge in the case against Jerry Active, a 24-year-old who allegedly killed two beloved grandparents and sexually assaulted an infant and an elderly woman at an Anchorage home in May.
A state medical examiner determined that the 91-year-old, identified as Y.S. in an attorney general's office press release, died of a stroke, and the manner of her death was natural. Based on a review of that finding, the district attorney's office in Anchorage will not pursue the additional indictment for any charges based on the woman's death, said Deputy District Attorney Clint Campion.
The autopsy report is a lengthy, complicated document, Campion said. The victim was receiving ongoing medical care due to her age; she suffered from dementia, for which she was receiving treatment. The medical examiner documented all external and internal injuries visible on the elderly woman, he said, and the public medical officer did not go as far as establishing a connection between the death and the sexual assault.
Active was indicted June 3 on ten felony charges, including two counts of first-degree murder and two counts of second-degree murder. The indictment also included a charge of first-degree sexual assault, an unclassified felony.
The state will pursue the sexual assault charge but opted against prosecuting Active on an additional homicide charge, Campion said.
"There's not really a link that would provide for us the causation (of death) that we need," the deputy district attorney said.
If a jury decides to convict Active, who has been in and out of the Alaska prison system for most of his life, the state will argue during his sentencing for an aggravated sexual assault due to the consequences of the defendant's alleged actions. Prosecutors' decision to not go after Active for the additional murder charge doesn't mean the state will not "hold him accountable for the consequences of his conduct, including what happened to" Y.S., Campion said.
The family, who could not be reached for comment Tuesday, understands the state's decision, he added.
Aggravators can increase the severity of punishment defendants face during trials -- they essentially intensify guilt.
In contrast, if the medical examiner established a link between the crime and the elderly woman's death, the state would have pursued a homicide charge. But attorneys are not forensic medical experts; they, more often than not, rely on the findings of professionals, Campion said.
Active faces a sentence of up to 99 years in prison. If convicted of first-degree sexual assault, he faces a presumptive sentence of another 40 to 60 years. The sentence is determined by the court and is based on the court's determination of the seriousness of the crimes and the defendant's criminal history, among other factors.
Contact Jerzy Shedlock at jerzy(at)alaskadispatch.com