February 1, 2019 at 3:59 p.m.
Lussier gets state-recommended penalty in Valliere murder
Victim's family speaks out at sentencing hearing
Lussier gets state-recommended penalty in Valliere murder
By Abigail Bostwick-
Lussier, 20, Arbor Vitae, pled guilty several months ago to amended charges of felony murder/battery and two counts of harboring a felon. He was initially charged with first degree intentional homicide (with use of dangerous weapon as party to a crime) and hiding a corpse (as habitual criminal and party to a crime), the same as his brother Joseph Lussier, 27; Richard Allen, 28; Curtis Wolfe, 28; and Evan Oungst, 28. All men were charged in the beating and shooting death of Valliere, 25, in the days before Christmas 2017. They hid Valliere's body in a remote wooded area outside of Mercer, court records state.
Allen and Joseph Lussier were found guilty following a jury trial last August - both accused of shooting Valliere, Allen first then Lussier. James Lussier testified during the trial.
In court Wednesday morning, Iron County Circuit Court Judge Patrick Madden noted he had received the pre-sentence investigation regarding Lussier, and was satisfied with its contents. The sentencing hearing began with statements from family members.
Testimony from family
The family and friends of Valliere were given the opportunity to issue statements to the court prior to the sentencing of Lussier.
"You had many chances to stop (the murder)," Valliere's mother, Jenny Sharlow, said. "You knew exactly what was going to happen ... you didn't do one thing ... to help my son ... you're just as guilty as the rest of them."
Iris Carufel, Valliere's fiance, addressed Lussier by name.
"Most days I try not to say your name out loud," she said. "I know you're crying now, but I've been crying for a year."
Valliere had a big spirit and big dreams, and was a man who knew his community, culture and family, Carufel said, adding that Valliere was looking forward to raising a family with her "... in a good way."
Wayne Valliere, Sr., observed the last year had been one of trying and impossible times for him - going through seasons and life without his son as his partner.
"He sat down at the ceremonial drums with me, I taught him the ways since he first opened his eyes," Valliere, Sr. said. "I put in a lot of time. It's memory ... you can't write that down. It's a great absence on the drums ... that's gone. You took a whole generation away."
Valliere, Sr. also reflected that Lussier could have stopped the crime.
"If it was my boy, he would have stepped in and helped you," he said.
All of Valliere's family said their lives were forever changed - as was the community - by this crime. They asked for the maximum sentence possible for Lussier.
"I miss my brother so much," sister Amanda Valliere said. "He had so much to give."
Scott Valliere, uncle, questioned how Lussier could have gone on for 10 days, living his life, knowing Valliere, Jr.'s body was in the snow in the woods.
"(He has) no remorse whatsoever," cousin Jacob Valliere said. "I'm deeply saddened by the change this has brought ... why? What was the point of it all?"
Winona Carufel, Iris' sister, noted Valliere, Jr. had been a caring and doting person to her four daughters, "(Wayne) didn't have any children, but you took away a father figure."
State prosecution weighs in
Assistant attorneys general Richard Dufour and Chad Verbeten told the court in making a recommendation, one had to consider the seriousness of the crime, character and rehabilitation for that person, protection of the public as well as remorse, cooperation and finally, punishment.
"This offense involved the taking of a young life. Two parents have to live without their son," Dufour told the court. "The untimely, unnecessary and tragic death of Wayne Valliere, Jr."
The state recommended less than the possible maximum sentence in Lussier's case, considering his testimony and other factors, Dufour noted. He suggested 15 years confinement in prison followed by 15 years extended supervision on the murder count and eight years probation concurrent to eight years probation on the last two counts. Those two counts would run concurrent to the first charge.
Dufour pointed out that Lussier is without a work history but has several prior felony drug convictions, where he had been given chances to rehabilitate and join the community as a productive society member, on his record.
He also chose to be part of the Native Soldiers Gang, Dufour said.
"Involvement in a gang is very serious," Dufour said. "It's part of what led to this heinous crime, to the murder of Wayne Valliere, Jr."
Had Lussier sought out treatment offered by his tribe and community, "... he wouldn't be here today," Dufour said. "He was in a gang. He knew it was serious ... his character shows he's not a person who follows the requirements of the law ... nor has the ability or desire ... he was given the chance to deal with his drug problems. He didn't. There's no reason to believe he'd deal with it if he rejoined the community (now) ... he doesn't take the requirements of society seriously."
Lussier was encouraged by his older brother to testify against him should it help his own situation, it was noted.
"The defendant says he doesn't want to be like his brother, but he chose to be like his brother," Dufour said.
Defense makes case
Lussier's public defender, Martin Lipske, said the most important part of his job was to separate his client from Richard Allen and Joseph Lussier.
"It is like night and day," he observed. "He was 19 years old and getting through high school. Yes, he had a drug problem ... but he's not the animal that Richard Allen and Joey Lussier are. They're the ones who did this."
Valliere and James Lussier were friends, Lipske said, and his client had no intention of being involved in the "plan" of Allen and Joseph Lussier but "... for some reason they decided to pick up James and Curtis Wolfe ..." before taking a 45 minute drive out of town and into the woods, Joseph Lussier at the wheel. Court records note all the men in the van were on drugs - some indicate Valliere was being fed them by some of the others - and they also had been drinking. James Lussier took over driving the van when his older brother started to fall asleep.
"He had no way of knowing until almost the second it happened," Lipske said of the murder. "He never saw the gun."
James Lussier and Valliere had both asked to go home at some point, Lipske said, adding Lussier did not beat Wayne as some of the others had, nor did he help in moving and hiding of the body. He said Lussier was "... scared and nervous and almost took off himself ... he refused to take part in what he's charged with here."
Lussier testified "honestly and with remorse" aiding in the investigation, Lipske added. He said his client drove as he was scared - Allen had told everyone not to talk and gave the murder weapon to Wolfe to hide.
"Is he a witness or a real defendant?" questioned the public defender. "He did not have an active part in this."
Christine Turney, Lussier's mother, said this was the worst nightmare a parent could ever go through. She noted her sons grew up in domestic violence and indicated they had a difficult childhood. James, she said, was always "... a good boy ... my gentle giant."
Turney said her older son, Joey, had been changed after his time in prison and was "dangerous."
"No matter what, (James) couldn't have stopped it," Turney said. "For all I know, they would have killed him, too."
Pleading with the court, Turney asked, "Why can't you guys just help him? Don't create a monster ... you treat them like an animal, you get an animal. It's what happened to Joey (in the state prison system). I never got my son back ... my son is not a violent person. He never would have went along with it if he knew. He was scared of his brother."
Jonelle Allen, Richard Allen's sister and mother of Joseph Lussier's child, said she came to know James during her relationship with the older Lussier.
"Joey was his idol," Allen said, reiterating that Richard Allen and Joseph Lussier were out of control and unstoppable. She questioned why prison was the answer. "James was the biggest sweetheart ... why waste another Native's life? No matter what you say, you cannot stop them."
In letters written to James Lussier from Joseph, Joseph indicates his brother should testify against him. "I'd give my life four you a thousand times, and do it with a smile on my face," Joseph Lussier wrote. "I was willing to sacrifice my life so you could have yours. I love you, baby brother."
Lipske suggested an imposed and stayed sentence of five years in prison for his client along with five years extended supervision and probation to give him an opportunity for treatment.
He also suggested restitution in the amount of $15,000.
"He needs to get out, he needs a chance," Lipske said. "Prison destroyed Joey. James won't handle it better."
James Lussier speaks
"We were friends," said a tearful James Lussier before his sentence was to be handed down late Wednesday morning, referring to Valliere.
Lussier also addressed the Valliere family.
"I wish I knew what was going to happen ... he didn't deserve to get his life taken from him."
There was no way to erase the events, indicated Lussier. He said the fact that he had to watch "them take his life" had made it difficult for him to cope and he was ready to accept whatever the court decided that day.
Madden makes decision
Judge Madden noted the case was further evidence to the court that "... meth is death."
"I am satisfied this young man needs to be apart from the public," Madden said. Of his remorse and second-guessing his actions, Madden indicated, "It's too little too late.
"He chose monsters as his gang ... it's not credible in the van with guys on drugs and crazy and going out into the middle of the woods and not thinking it's not with an evil purpose ... that disingenuous."
Lussier was aware he was heading to an isolated and secluded part of Iron County, Madden noted, adding that didn't believe the defendant didn't know "...any suspicious activity was going to happen."
Madden also took note of Lussier's inability to follow through with past court sentences and probation as well as being in court - resulting in several open warrants in the area.
Opting to follow the state's maximum recommendation, Madden sentenced Lussier to 30 years in prison - 15 incarcerated and 15 extended supervision on the homicide count, as well as eight years probation each on the harboring counts.
The harboring counts will run concurrent to one another but concurrent to the homicide count.
Lussier has 345 days' credit for time served.
"Young man, everyone here wishes you weren't here, but you are," Madden observed. "I wish you well."
Wolfe, who also testified against Allen and Lussier, is set for jury trial in May. Oungst is awaiting future court action in two separate Iron County cases related to the murder.
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