Life sentences upheld in Stoddard County rape, sodomy case

Stoddard County Prosecuting Attorney Russ Oliver announced Friday that Judge Benjamin Lewis has sentenced Steven McWhirter to three life sentences, two to be served concurrently and one consecutively.

Oliver said in a phone interview Friday that by state law, McWhirter is required to serve 85% of the sentences before he would be eligible for parole — in this case, 51 years.

Oliver added because this is state law, the parole board does not have discretion over when McWhirter is eligible for parole.

The Stoddard County case had been transferred to Cape Girardeau County on a change of venue motion filed by the defendant, the announcement stated.

On Aug. 18, 2017, McWhirter pleaded guilty to forcible rape in the first degree and two counts of statutory sodomy in the first degree. Lewis imposed a life sentence on each count, and the two statutory sodomy life sentences were ordered served concurrent to one another, but consecutive to the life sentence attached to the forcible rape charge.

After the three life sentences were imposed, McWhirter filed a motion to vacate and set aside the conviction and vacate the sentence. After lengthy court proceedings, including a full evidentiary hearing, the court ruled to uphold the three life sentences against the defendant.

In Friday’s statement, Oliver said, “McWhirter is the most dangerous type of child predator. I could not be more pleased that McWhirter will certainly remain in prison until he dies and never have access to any other child. There is no joy ever found in any case like this. There is, however, solace in the fact that while we cannot undo the trauma done to this child, this sentence guarantees that no other child will ever suffer at the hands of the defendant.”

Oliver further stated that, given the sensitive nature of the crime, no further statement will be made by his office.