More than 25 years ago, a babysitter tied up and killed in the middle of the night. The murder took place in 1990 and horrified Millard and all of Omaha. Friday, the man responsible is re-sentenced in Douglas County District Court.
A 2012 US Supreme Court decision said juveniles convicted of murder shouldn't be given a mandatory life sentence because their brains weren't fully developed by then, and they may not fully understand their actions. States across the country have resentenced people in this situation.
Millard South HS Senior Christina O’Day, 17, was murdered while babysitting in the Disney neighborhood off 108th and Q St. in March 1990 while at the home of a girl she was babysitting.
Christopher Garza, now 42, is resentenced to 96-110 years in prison, meaning he'll be eligible for parole in at least 22 years.
"Chris (O’Day) was near and dear to all of us and I think that I can speak for at least the Disney crew that were here today, that we miss her and we still think of her,” said Tracy Grothe, a friend.
Garza and Wayne Brewer broke into the home where O’Day was babysitting and cut the phone lines. They robbed the home, then bound Christina, raped her, stabbed her, and strangled her. The teens then pushed her vehicle into the Missouri River which was found days later.
Beth Ann Bushon was 8 when her babysitter Christina was murdered in her home, and remembers that horrifying night.
“I had) immense guilt that I couldn't save her, that I graduated high school and Christina never did so, the guilt that I had a chance in life and she didn't because I didn't get up earlier to save her," Bushon told the judge.
After years in prison, Garza finally admitted to killing O’Day.
Public Defender Tom Riley said he's an example of what the US Supreme Court is talking about, someone who at 16 committed a horrendous act and has changed.
Judge Marlon Polk said he carefully considered all the facts including what happened to Christina.
“I couldn’t save Christina that horrible night but I can do everything in my power to keep Garza where he belongs today,” Bushon explained.
Wayne Brewer was also convicted in O’Day's murder. He received a life sentence as well, but was 18 at the time so he wasn't eligible under the Supreme Court ruling.
Garza will have to be released from prison when he's 71 years old.
