"What this judge is doing is he's transferring this life sentence to us and giving Evan Marshall hope; where's the justice in that?" said Andrew Fox, whose mother was killed by Marshall in August 2006 in an exclusive gated community in Glen Cove.
Fox was joined by his father, Jay, sister, Rebecca Fox, and Nassau County District Attorney Katheen Rice at a press conference Monday to urge a stiffer sentence from Judge Richard LaPera.
Marshall, 32, pleaded guilty to murder, assault and other charges last September, saying he was in search of money for drugs when he confronted the woman and repeatedly stabbed her.
Marshall was promised a 30-year sentence; prosecutors had called for life without the possibility of parole. He received 25 years for the murder and an additional five years for running down a Glen Cove pedestrian before Fox was slain.
LaPera, through a court spokesman, said Monday he was prohibited from commenting on a pending case. The judge, who is scheduled to retire at the end of this month, said he upheld the arrangements of the deal because that is what he thought a jury would have done.
"It's mind boggling to think that we have been through such an ordeal and that in 30 years, my sister and myself and my wife and our unborn children have to get up every two years and make sure that this guy doesn't get out of jail," Andrew Fox said.
Police don't believe Fox, 57, a retired New York City special education teacher, knew her killer.
Fox's daughter called police after discovering her mother missing from her blood-spattered home.
Marshall took her remains to his home and dismembered them, stashing the body parts, along with two knives, in basement trash cans.
Marshall, who lived with her mother, was arrested the next day as he drove toward the crime scene; the victim's head was later found in the trunk of that vehicle.
Homicide detectives called the killing a "psychosexual murder," noting that they had seized a huge stash of pornographic videos from Marshall's home.
Prior to the killing, Marshall had no violent criminal history, with arrests only for petty theft and driving while intoxicated, authorities said. He graduated from Arizona State University in Tempe in 1997 with a bachelor's degree in history, and most recently worked as a bedding salesman in Rockland County.
Rice said that because Marshall pleaded guilty to all the indictment charges, the district attorney's office can only recommend a sentence, but the ultimate decision lies with the judge.
