Challis resident Ben Savage was sentenced Feb. 18 to a minimum of 22 years in prison for the Feb. 25, 2019, murder of Charlie McBride up Morgan Creek, a longer prison term than the prosecutor had sought in the matter.
The sentence was imposed after a nearly two-hour sentencing hearing before Judge Stevan Thompson in Custer County District Court. It comes almost exactly one year after Savage, 36, shot and killed McBride when the two were working in the Morgan Creek drainage. Savage could spend the rest of his life in prison since his sentence includes an indeterminate term of life in prison. It will be about 21 years before he's considered for parole, because the judge credited his prison term for the 325 days he's spent in the Custer County Jail as the case proceeded.
On Sept. 16, 2019, Savage pleaded guilty to killing Charlie McBride as part of a plea agreement. Savage told the judge he deliberately shot McBride on Feb. 25, 2019. About a month after the shooting, Savage admitted to burning and burying McBride's body and told law enforcement officers where to find the body. Savage was interviewed early in the case and initially denied any knowledge of McBride's whereabouts. McBride was reported missing March 3, 2019. His body was found March 24, 2019.
As he prepared to issue the sentence, Judge Thompson said he was torn after having spent the last three or four days reviewing files in the case, "including a lengthy letter from Ben Savage himself."Â
"I've had a lot of sleepless nights," the judge said, and noted he expects more of such nights to come.Â
Directing his comments to Savage, the judge said, "What I keep coming back to is the premeditation. You had a lot of time to think about this. You are aware of the criminal justice system and its ramifications." The judge was acknowledging Savage's prior misdemeanor and juvenile convictions, all of which were touched on repeatedly during the hearing.Â
Thompson told Savage it was clear that Savage didn't think about the consequences of his actions and the effect those would have on Savage's daughters and other people, the very consequences that Savage brought up in his allocution and his letter to the court.Â
"This case overall, Mr. Savage, is bigger than all of us in this room," Thompson said. "What this is really about is what society expects." When determining a sentence a judge must consider the nature of the crime, the history and characteristics of the defendant, the protection of society and the risk that the defendant will commit more crimes, Thompson explained.Â
The "blatant and premeditated nature of this crime," coupled with Savage's prior criminal acts -- which the judge noted mostly happened "a long time ago when you were a juvenile" -- although one occurred as recently as 2017 -- "shows a willingness, at times, in your life to not abide by our laws" and to face the punishment that came as a result. That and the "almost-execution style" of this event, gave the judge pause.Â
Thompson pointed out that the court "must think about whether a sentence would depreciate the seriousness of the crime." A sentence is intended in part to deter others from committing crimes, he said.Â
"The premeditation, I just can't get past," the judge said more than once.
Thompson said he didn't think the minimum of 20 years in prison that the prosecution had agreed to recommend as part of the plea agreement was enough, but he felt 22 years is adequate. "I don't think there's anyone in this room satisfied with that, but I feel 22 years is appropriate," Thompson said. "I hope everyone can accept the court's ruling and rationale and try to move on with your lives."
"I take no pleasure in imposing this sentence," Judge Thompson said. "Nothing can bring Charlie back. You didn't think about what would happen when you decided to drive Mr. McBride out and kill him almost-execution style."
Savage was initially composed when allocuting, but broke up midway through his comments.Â
"I take full responsibility for my actions," Savage said. "I apologize and ask for forgiveness. I would truly trade places in this if I could or if there was some way to bring him back." Savage apologized to McBride's family and his own family, including his two daughters.
Speaking with a broken voice, Savage said "People make horrible mistakes." He then asked the judge to be given the minimum sentence. "I'd like to be out in time to start my life over."
The minimum sentence for first-degree murder is 10 years in prison.Â
Moments before Savage spoke, defense attorney Dave Cannon shared the quote, "each of us is more than the worst thing we've ever done."
"Certainly, the worst thing Ben Savage has done is a bad thing," Cannon said. "It is a tragedy all the way through, for Charlie, for (McBride's) family, for Ben's family and particularly for (Ben's) parents and daughters."
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