LEE COUNTY, Fla – Two convicted killers will go back to serving life in prison, after a fight to get a lesser sentence.
Ashley Toye and Roderick Washington, members of the Cashe Feenz gang, were re-sentenced to life this morning for their roles in the violent torture, and murders, of two Cape Coral teens.
The two had a chance to have their previous life sentences overturned, because a 2012 United States Supreme Court ruling decided juveniles can’t be given life sentences without parole.
The two were only 17 when they were originally put away, for their part in the murders of Jeffrey and Alexis Sosa.
Two weeks ago, Toye’s attorney, argued that his client did not shoot the teens and should not be behind bars forever.
The state agreed.
“I thought that was good enough for me, I thought it was good enough for the judge. Instead he went his own way,” said Toye’s attorney, Stuart Pepper.
At that re-sentencing hearing, Toye took the stand telling the judge she had been in an abusive relationship with Kemar Johnston, the ringleader of the Cash Feenz, and could not stop the murders from happening.
“Dead words. judge did not pick that up. I think his mind was made up beforehand. That’s my opinion,” said Pepper.
Roderick Washington’s lawyer also argued that although his client had a gun pointed on the victims at the time, he never actually hurt them.
The judge said he found it hard to believe these two didn’t know what was happening.
“I don’t understand how you could watch those boys be tortured, put into the trunk of a car to go to a second location, and not know that death was intended,” said Judge Bruce Kyle.
Once they have served 25 years, their sentence is eligible for a review. The time they have already served will count toward that.
Toye’s attorney says he plans to appeal.