BISMARCK, N.D. KFYR  A Bismarck man convicted for the 1998 murders of his adopted parents is challenging when he should be eligible for parole. In 2000, a judge sentenced Brian Erickstad to life in prison. Erickstad says he should get a parole hearing earlier than what the Department of Corrections reports. Brian Erickstad and his attorney say his life sentence for killing Barbara and Gordon Erickson is illegal because court documents don t match what Judge Burt Riskedahl said at a 2000 sentencing hearing. They say Riskedahl told the court Erickstad must serve 30 years for the murders before being eligible for parole and then serve another 10 for theft charges. He had done his math in the sense that he did not want Mr. Erickstad to be considered for parole until at least 30 years, but he didn t want him out until he is at least in his 50s. And that s exactly what he said, he said You are going to be in your 50s when you are considered for parole, said Erickstad s attorney Charles Stock. Erickstad was 18 at the time of the murders, now he is 44. Erickstad said his first parole hearing isn t scheduled until 2059 when he will be 79. He said when he walked out of the courtroom after sentencing almost 25 years ago, he believed what Judge Riskedahl said about being eligible for parole when he s in his 50s. And again I ll emphasize that is clearly not what Judge Riskedahl, the sentencing judge, had in mind, said Stock. The state says there is no error. Riskedahl sentenced Erickstad to life. The 30year comment was in reference to the mandatory minimum before people with life sentences can be seen before a parole board. The 50yearold comment was Riskedahl explaining how a new statute at that time mandated a violent offender who was sentenced to life with parole must serve 85 of their life expectancy before being considered. Court documents did not include these calculations at that time. Records were amended in 2022 to include life expectancy. But he doesn t do the math because the court didn t do the math at the time. The Department of Corrections did the math at the time, said assistant Burleigh County State s attorney Isaas Lees. Judge Reich said he will take the case under advisement and release an opinion soon. Erickstad s accomplice Robert Lawrence was also sentenced to life with the possibility of parole. Lawrence s sentence was also amended in 2022 to include life expectancy calculations. . Copyright 2024 KFYR. All rights reserved.
Bismarck man convicted of killing his parents in 1998 challenges parole eligibility. Brian Erickstad disputes delayed parole hearing set for 2059, claiming the judge specified eligibility in his 50s. The state argues there was no mistake and clarifies the sentencing terms for life imprisonment with parole. An accomplice's sentence was also revisited in 2022 for life expectancy considerations.