CREATED Dec. 20, 2012
LEE COUNTY - Convicted “Cash Feenz” killer, Ashley Toye, has been fighting to have her sentence of life in prison reduced....and tonight we're finally learning if she will once again have her day in court. Four in your Corner's Mike Mason has been following this story and is here now with the latest.
Toye's attorney has been banking on a Supreme Court ruling that states sentencing minors to life in prison without parole may be unconstitutional. But the family of Toye's victims want to make sure she stays behind bars for life.
24 year old Ashley Toye was sentenced to life in prison for her role in the infamous "Cash Feenz" killings back in 2006. The victims' family plans to make sure she’s never released.
Linda Sosa: "This is a pain I know will never go away, it will never go away."
Linda Sosa lost her uncle and younger brother. 18 year old Alex Sosa and 14 year old, Jeffrey, were brutally tortured and shot to death by a group of teens calling themselves the "Cash Feenz". Toye didn't pull the trigger but she did participate, carving symbols into the Sosa's backs.
Mike Mason: "The knife gets to you what happens?"
Ashley Toye: "Then I cut into Jeffrey."
Mike Mason: "What did you cut?"
Ashley Toye: "They say an asterisk but I don't remember doing it, honestly I don't. I was in a state of shock.
Toye has been fighting to have her sentence reduced since June when the U.S. Supreme Court ruled sentencing a juvenile to life in prison without parole may be unconstitutional.
Stuart Pepper: "There are minor kids involved in atrocious crimes but their participation is at a lower level than the perpetrator and therefore they should be given consideration for that."
Attorney Stuart Pepper represents Toye. He filed a motion asking the 2nd District Court of Appeals to consider reducing Toye's sentence....but it looks like that won't happen.
Stuart Pepper: "The 2nd District Court of Appeals, within a couple of weeks, denied her request for that rehearing."
The judge ruled only juveniles sentenced after June of this year could be considered for a new hearing.
The Sosas say Toye should never see the light of day since they'll never see Alex or Jeffrey again.
Linda Sosa: "She doesn't deserve to see her son grow up to see her son get married she doesn't deserve any of that, she deserves to rot in prison."
Stuart Pepper says he's not giving up. He tells us one of Toye's co-defendants is currently petitioning Florida's Supreme Court to consider hearing his case. If that happens it could affect Toye's case as well.