Sentence reviewed for inmate in vegetative state

A convicted murderer left in a persistent vegetative state by a prison beating and whose care and custody have cost the state more than $1 million since December will get a chance to have his life sentence recalled.

The state Board of Parole Hearings referred Jackson Phaysaleum's case for a possible sentence adjustment on Tuesday after voting that the 24-year-old prisoner "is incapacitated and appears to present no public safety risk."

A sister of one of the two men shot dead April 2, 2004, by Phaysaleum in a dispute over Stockton drug turf expressed anger that San Joaquin County prosecutors never told her the matter came up for a hearing.

"They're not contacting the family at all," said Nisha Dutye, the sister of James Dutye, 46, who, along with Demetrius Silmon, 36, was gunned down by Phaysaleum. "How are we supposed to contest this or oppose it if we're not familiar with what is going on?"

Nobody spoke to the board Tuesday on the case.

San Joaquin County Deputy District Attorney Thomas Testa, who got the conviction that led to Phaysaleum's sentence of 46 years to life, could not be reached for comment.

Phaysaleum's sister-in-law, Kelly Thongsy, said the decision left her in "shock." She said she has been looking for a long-term care facility in Stockton in case he is released.

Under state law, the board's 10-3 vote sends the case to San Joaquin County Superior Court, which has final say on the sentence recall.

Phaysaleum was beaten unconscious Dec. 4 by his cellmate at Kern Valley State Prison. Medical officials at the prison said he is still in a persistent vegetative state and likely won't recover.

The state has since spent more than $1.1 million in medical and custody costs on Phaysaleum, according to figures provided by the corrections department.