Ben Martin was sentenced to life in prison without the possibility of parole on Wednesday for a homeless attack resulted in the death of a homeless man in the Mid-Wilshire area. At the defense's request, the judge recommended to the state Department of Corrections that the man be sent to a prison in the Riverside County area, where his family lives.
The Los Angeles Times reports that the homeless man, John McGraham, suffered a violent death when he was attacked and then set on fire with an emergency flare back in 2008. Apparently, Ben Martin really hated homeless people.
Yet as a homeless man in the community, John McGraham seemed to be well-liked in the Mid-Wilshire area, where over 300 community members attended his memorial service. Many in the crowd carried bouquets and even wore t-shirts that said "Justice for John" and "John was my friend" at the funeral.
Last month, Ben Martin pleaded guilty to one count each of murder, torture and arson causing great bodily injury in the wake of the homeless attack of John McGraham. His Los Angeles criminal defense attorney told the Contra Costa Times that it's "it's a very tragic case for all sides."
"While not an `excuse,' Mr. Martin's well-recognized and documented history of psychological illness is, in part, an explanation for the tragic events of October 9, 2008," the attorney said in a statement.
Before the murder of John McGraham, Ben Martin had two prior felony convictions for embezzlement, along with two misdemeanor convictions, and was in the state's DNA database. Yet because of the man's mental illness, some Los Angeles criminal defense attorneys might argue that the man's life sentence is a bit harsh.
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Related Resources:
- Murder: First Degree (FindLaw)
- Your Rights in the Criminal Justice System (FindLaw)
- Locate a Los Angeles Criminal Defense Attorney (FindLaw)
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