TIFTON, Ga. (WALB) - Caleb Day, who was charged with shooting and killing a convenience store owner in 2018, was sentenced Tuesday.
Day was sentenced to two life sentences.
Day was found guilty of malice murder, felony murder, and armed robbery in December 2020 in connection to the death of Oscar Perveez.
“What the court did on the malice murder count, she sentenced him to life in prison, and once that sentence is served, the second life sentence on the armed robbery count would begin at that point,” said Bryce Johnson, district attorney for the Tifton Judicial Circuit.
The state originally sought the death penalty in Day’s case. Then-District Attorney Paul Bowden made an agreement with the defense counsel that the state would pull the death sentence in exchange for a bench trial.
Day waived his right to a jury trial and agreed to have a trial in front of judge Melanie Cross.
Cross discussed the moments that led to her decision of two life sentences.
Cross said after shooting Perveez, Day moved his phone out of reach, which was all caught on surveillance video.
Johnson said he thinks this was a big issue for Cross.
“She alluded to a portion of the video where once the store owner was shot, his cell phone was close by and Mr. Day actually took the phone and moved it to another part of the counter, so Oscar could not get to his phone for help,” said Johnson.
Cross said she saw Day watch the security footage of the Eldorado shooting, and she didn’t see him turn away or show any emotion.
Day has 30 days to make the motion for a new trial. WALB reached out to Day’s attorneys to ask if they plan to.