With good behavior, Edward Royal Reitan could be released from prison in 2024.
The 52-year-old Washington state man was sentenced Thursday to life imprisonment with a chance at parole for shooting Robin Enockson about 14 years ago in Enockson's mobile home south of Driscoll. A life sentence makes Reitan eligible for parole in 30 years, and that could be reduced another 10 years if he behaves while in custody, a North Dakota Department of Corrections official said.
Reitan confessed to the crime in May, but originally pleaded not guilty so he'd have a chance to negotiate a shorter sentence. Reitan's attorney, Robert Bolinski Jr., said his client changed his mind after Burleigh County State's Attorney Richard Riha agreed to recommend a 30-year sentence. The class AA murder charge has a maximum sentence of life imprisonment without parole.
South Central Judge Robert Wefald said the 30-year sentence wasn't enough considering the crime and Reitan's criminal history. But he said he wanted to give Reitan a chance at parole.
"You've robbed him (Enockson) of his life," Wefald said. "You've robbed him of the joys and sorrows that come with living."
Reitan's criminal history dates back to 1975 and includes multiple convictions for driving under the influence of alcohol, domestic violence, misdemeanor drug offenses, theft, forgery and escape, Riha said. He also was convicted in 1980 of robbery, kidnapping and gross sexual imposition for kidnapping a waitress from a bar in Marmarth and raping her.
Reitan refused to talk to a presentence investigator about the murder. Bolinski said he didn't know why his client didn't cooperate. Presentence investigations are conducted to aid a judge in sentencing.
"It's to the defendant's advantage because a judge gets an idea of the man he's about to sentence," Riha said.
There was some discussion between Wefald and Riha as to whether 30 years was a stiffer sentence than life imprisonment. Since that crime occurred in 1990, a few old laws apply.
Had the crime occurred after 1995, Reitan would've only had to serve 85 percent of his life expectancy or a 21-year sentence. But the changes in law also worked in Reitan's favor. He's eligible for 10 days of "good time" a month, a benefit that was reduced to five days in 1991.
When the judge gave Reitan the opportunity to comment on the sentence, Reitan said, "No comment. I accept it."
Bolinski said his client wasn't surprised by the sentence because he always knew a life sentence was a possibility. The recommendation was not a binding plea agreement, so Reitan didn't have an opportunity to reverse his guilty plea when the judge didn't accept it.
Family members of Reitan and Enockson were in the courtroom for the sentencing. Some declined comment and others left by a back door to avoid reporters.
Reitan gave the following account of what led to the murder after he pleaded guilty in August to shooting Enockson:
Reitan was living in the basement of Enockson's mother-in-law's house when he found out that Enockson had a "pretty horrendous" argument with his wife. He and Enockson were both "pretty drunk" in December of 1990 when he confronted Enockson at his mobile home.
He said he woke Enockson, they argued and Enockson went back to bed. Reitan said he became angry, and "I grabbed a gun and I shot him."
Reitan drove from Washington state to Bismarck on May 20 to tell authorities a similar story. He called 911 from a gas station across the street from the Burleigh County Sheriff's Department and met with investigators for an interview. He was arrested after he gave a detailed description of the murder scene and his motive for the murder.
Enockson was 34 years old when his father found him dead Dec. 20, 1990. He died of multiple gunshot wounds to the head fired from a .22-caliber rifle. Reitan was a suspect in the murder, but there was never enough evidence to charge him with the crime.
(Reach reporter Mike Albrecht at 250-8261 or cops@ndonline.com.)
Posted in Local on Thursday, October 28, 2004 7:00 pm Updated: 7:13 pm.
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