The Kansas Supreme Court has upheld the Hard-50 sentence for a 29-year-old McPherson man convicted of killing his stepfather.

Jeffrey Dale Nelson filed an appeal for that sentence claiming that McPherson County District Judge Carl Anderson abused his discretion because no reasonable person would agree that the three aggravating factors found by Anderson outweighed the mitigated finding that the victim had abused Nelson as a child.

Nelson was convicted of beating his stepfather, Stanley Swartz with a baseball bat while he slept in his bed. He was also convicted of burglary and three counts of forgery for withdrawing 55-hundred dollars from Swartz account. That was back in May of 2007.

The Supreme Court had earlier affirmed the conviction for Nelson, but reversed the Hard-50 sentencing ruling that the District Court had applied the incorrect legal standard when imposing the sentence. So, additional evidence was presented by the state at the re-sentencing.

Nelson claims the murder occurred while he was under the influence of extreme mental and emotional disturbance based on years of Swartz’ physical and emotional abuse. His aunt and his grandmother testified to that abuse. But, the state presented evidence that showed the murder was committed to avoid prosecution for the burglary and forgery. And also so Swartz couldn’t testify against him and that the murder was done in a heinous, atrocious and cruel manner.

Judge Anderson ruled the defense failed to establish any sexual abuse and reimposed the Hard-50 sentence.

This time, the Supreme Court ruled that the District Court’s conclusion was not unreasonable given the grisly facts of the crime and his motive, so the Hard 50 sentence stands meaning that most likely, Nelson will spend the rest of his life in prison. According to the Department of Corrections website, Nelson is serving his time out of state.