Notah gets 15 years

By Natasha Kaye Johnson
Diné Bureau

ALBUQUERQUE — Philip Notah, 18, was sentenced to 15 and a half years in prison with no chance for parole for the murder of Brooke Linelle Spencer, Tuesday morning in federal court.

Notah was arrested on June 6, 2006, shortly after stabbing ex-girlfriend Brooke Spencer, 18, with a 10-inch hunting knife outside her home in Superman Canyon.

U.S. District Court Judge Bruce Black came to the decision after hearing nearly two hours of testimony from the U.S. Attorney Miles Hanisee, Spencer's family members, as well as Notah's family and his defense attorney, Todd Hotchkiss.

Black also sentenced Notah to a 500-day drug and alcohol program, supervised probation for five years following his release, and $30,425.36 in restitution to be paid to Leann Eskeets Spencer, mother of Brooke Spencer.

Hotchkiss argued that Notah's actions were intentional, but not pre-mediated. The defense said Notah's evaluation concluded that he developed a dependency on marijuana and alcohol, and that his evaluation stated he did not allow people to get close. Hotchkiss said the evaluation also concluded that he does not have an anti-social behavior, making him a good candidate for rehabilitation.

Hanisee responded, referring to the circumstances of Spencer's death as severe and horrific, saying that her wounds were not casual. The U.S. Attorney's Office attempted to get the murder classified as first-degree both before and after Notah pleaded to second-degree murder in September.

Both acknowledged the sad circumstances of the case.

Following brief closing statements by both sides, Black said he based the sentencing on a psychiatric evaluation of Notah that stated he could be rehabilitated back into society and that he was low-risk for committing further crimes.

Hotchkiss requested that Notah be placed at Safford Federal Prison in Arizona, due to proximity, with a second choice for Notah at a maximum security prison in Florence, Colo. The decision will be made by the Bureau of Prisons, though Hotchkiss believes they may select Florence because of the nature of the crime.

Notah has 10 days following the file, but Hotchkiss said an appeal has not been discussed.