Barbeau sentencing upheld in Circuit Court, appeal planned by attorney

by Jeff Pederson of The Review staff

Two appeals to re-sentence 13-year-old Antonio D. Barbeau of Sheboygan, who is serving a life sentence for killing his great grandmother two years ago, were denied in Sheboygan County Circuit Court Wednesday, Nov. 12.

In June 2013, Barbeau pled no contest by mental disease or defect to a first-degree intentional homicide charge in the death of his great grandmother, Barbara Olson, of Sheboygan Falls in September 2012.

On Aug. 12, 2013, he was sentenced to life in prison with eligibility for parole when he turns 50 in 2014.

Barbeau and his friend, Nathan Paape, who was also 13 at the time, killed Olson with an axe and hammer in September 2012.

Barbeau’s attorney, Chad Thomas, argued to Circuit Court Judge Timothy Van Akkeren that it was unconstitutional that Barbeau was sentenced to life imprisonment and that Barbeau was mistakenly sentenced as being eligible for parole because the court system is in the process of eliminating the parole board review process.

Van Akkeren ruled that the mistaken sentence allowing for parole eligibility instead of extended supervision did not constitute a new factor, which is necessary to re-sentence.

As a result, Van Akkeren ordered that the judgment of conviction be amended.

Van Akkeren also ruled that Barbeau’s attorney failed to prove that the life sentence penalty was unconstitutional as applied to minors.

Barbeau is currently serving time at Lincoln Hills Juvenile Detention Center.

When he turns 17, Barbeau will be eligible to be transferred to an adult facility. He will remain imprisoned until he is eligible for extended supervision at age 50.

Thomas indicated he plans to appeal the case to a state Court of Appeals.

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