Feb 13, 2007 By Jennifer Harr 6 min read

After less than two hours of deliberations on Monday, a panel of Fayette County jurors returned with a sentence of death by lethal injection for James VanDivner of Grindstone. The 57-year-old no reaction to the sentence, as both his family members and the family of his victim, Michelle Cable, cried.

VanDivner shot and killed Cable, his ex-girlfriend, at her Grindstone home on July 5, 2004. Jurors found VanDivner guilty of first-degree murder last week.

In coming to their sentence, jurors found that aggravating circumstances presented by District Attorney Nancy D. Vernon outweighed mitigating circumstances about VanDivner’s abusive childhood and drug and alcohol abuse.

Vernon argued that in shooting Cable, VanDivner created a grave risk of serious injury to others and that his prior convictions, which stretch back 30 years, showed he had a history of violence.

Cable’s son, Billy, who VanDivner shot in the neck after killing his mother, expressed relief at the verdict.

“Justice was served today for my mother. She didn’t get a jury to decide if she died or not,” Cable said.

The bullet is still lodged in Billy Cable’s back, near his spine and cannot be removed without risk of complete paralysis. While he is in constant pain from the bullet, he said that the day’s events eased his hurt.

“Today, I’m doing a lot better,” he said.

In addition to the death sentence, Judge Gerald R. Solomon sentenced VanDivner to 20 to 40 years in prison for attempted homicide and 10 to 20 years for aggravated assault. Both of those sentences related to Billy Cable.

VanDivner was sentenced to an additional 10 to 20 years for aggravated assault on Larry Newman of Grindstone. Testimony during the trial indicated he pointed a gun at Newman as he tried to help the Cables.

The death sentence reduced VanDivner’s daughter, Jamie Bennett of Point Marion, to tears. As jurors were polled, Bennett sobbed as her father looked on.

“Daddy, I love you,” she said as VanDivner was led from the courtroom in handcuffs.

Outside the courtroom, Bennett said that her father did not receive a fair trial.

In her closing, Vernon reminded jurors of VanDivner’s lengthy criminal record of violence. He has convictions for rape, kidnapping, aggravated assault and burglary stretching back to 1977. All but one of the four cases involve violence against women.

“Here is a man who has hurt. He’s beaten a woman, he’s beaten a man, he’s kidnapped a woman, he’s raped a woman, he’s killed a woman and he tried to kill her son,” Vernon argued. “Do you honestly think if he spent life in prison that he’ll think of Michelle Cable?

“He hurt and hurt and hurt again, and finally, he killed. He has shown the value he places on human life,” Vernon told jurors.

Vernon also argued that when he was captured, VanDivner told police that he would take life in prison because he knew it was a death penalty case.

“Michelle Cable never got that opportunity. All she had was a second to plead for her life. He alone was her judge, her jury and her executioner.”

Penalty phase attorney Dianne Zerega argued that VanDivner’s prior convictions, which occurred in 1977, 1978, 1985 and 1993 were “remote and a significant period of time ago.” She told jurors that they could consider some or all of the convictions in determining if they are aggravating factors.

Zerega also asked the jurors to show compassion for VanDivner, a man with a troubled childhood, troubled health and trouble adult life.

“He wasn’t born with the idea that violence was alright. … This child was never given the right and the wrong that we give to our children and expect others to provide to theirs,” Zerega said. “James didn’t have a childhood, he had a brutality session that was ongoing.”

Because VanDivner said his mother would tell his father of his wrongs as a child, prompting his beatings, Zerega suggested that VanDivner developed an anger issue toward women.

She also told jurors that VanDivner saw his sisters and mother treated poorly by his father, developing a belief that women are secondary and can be treated badly.

Zerega called VanDivner “a complex, impaired individual” and presented psychiatric testimony that brain injuries may have effected his impulse control.

“This man made a mistake, but some of it has been out of his control,” she said

Monday’s testimony marked the first time jurors heard from VanDivner. He told the panel of an abusive father who beat him weekly, and a mother who egged his father on, and then tried to stop the violence.

VanDivner testified his father used a 4-foot piece of pipe, stripped him and beat him “at least once a week.”

He also recalled his father occasionally smacking his mother or sisters, and fighting with his grandfather and uncles.

VanDivner indicated that his father taught him to steal, and also used his children to make money by having them fight one another. Like his older sister, VanDivner also recalled that his father made him fight a chimpanzee or ape in a cage.

He said he could not refuse.

“If I did, he’d strip me naked and beat me. I’d rather get beat by the animal,” VanDivner testified. “I ain’t never seen no one in my lifetime get beat like I used to get beat.”

Although earlier testimony indicated his memory was flawed, VanDivner was able to recall testimony from the trial, and details from his early childhood. Vernon argued that it debunked a defense claim that he had a diminished capacity for understanding what happened.

To Cable’s son, Billy, VanDivner offered an apology.

“I just wish this never happened. I’m sorry for what happened,” he said. “Me and Michelle was supposed to get married.”

After the sentence was rendered, Billy Cable said that VanDivner’s courtroom apology was hollow.

“If you love a woman, you don’t treat her like that,” he said.

VanDivner and Michelle Cable had been together for about one year, but broken up for about one month, before he killed her, Billy Cable said.

Vernon said she was pleased with the verdict and felt that jurors gave the case serious attention.

A death sentence “is not an easy decision to make, and they followed the law with courage,” Vernon said.

The death sentence will be automatically appealed to the state Supreme Court.