Justin Hansen, the man who nearly beat 17-year-old Cibola High School senior Brittani Marcell to death with a shovel, may have to serve just nine years of his 18 year sentence.
Judge Cindy Leos sentenced Hansen to the maximum Wednesday for the 2008 crime on Albuquerque’s westside.
Hansen pled no contest to attempted murder and burglary earlier as part of a plea deal.
Neither of those charges are considered a “serious violent offense,” which means Hansen can serve 50 percent of the sentence instead of 85 percent.
The charges the District Attorney’s office dropped as part of the plea included kidnapping and aggravated battery resulting in great bodily harm, which are considered a serious violent offense.
There has been a push in the New Mexico Legislature to add more crimes to the violent crimes list, but concerns over jail overcrowding and cost to house prisoners has killed those measures.
As far as KRQE News 13 can tell, no one has ever tried to add attempted murder to the list.
Ironically, the nine years Hansen will likely serve is the same amount of time this crime went unsolved and Hansen spent living a free man after the crime.