Albuquerque shovel attacker wins year off sentence over victim family’s outrage

The man who beat a high-school student nearly to death with a shovel in Albuquerque in 2008 will get more than a year shaved off his 18-year prison sentence after the New Mexico Supreme Court denied the state’s challenge to his appeal. The victim’s family expressed outrage that credit for time on a GPS monitor is being applied, arguing the house arrest was not strict enough.

Justin Hansen was given 18 years in prison in 2018 for attacking Brittani Marcell with a shovel at her Westside home. Investigators used DNA to link Hansen to the crime nearly 10 years after the attack. Hansen spent more than a year on house arrest leading up to the trial.

Last year, Hansen appealed his sentence, asking for credit for 371 days he spent on a GPS monitor. The state tried to fight the appeal, taking it to the New Mexico Supreme Court, which denied the case this week. The Appellate Court is now approving Hansen’s request.

“He’s crying again,” said Diane Marcell, Brittani’s mother. “He’s crying again, and he’s getting his way once again. Justice is not really being served,” she said.

The Marcells say Hansen should not be given credit for the time because his house arrest was not strict enough. Hansen was caught on camera at an Albuquerque Isotopes baseball game while on the monitor.

“Technically he wasn’t on house arrest,” said Diane Marcell. “House arrest is staying home unless he’s going to court, or a doctor’s appointment,” she said.

“He almost killed me,” said Brittani Marcell, who said she still lives in fear after the beating. “He broke my security, and my trust,” said Marcell.

“I’m very overwhelmed with this,” said Brittani. “I’m not going to get credit for the last 13 years almost,” she said.

Hansen has previously asked for a shorter sentence. In October 2018, he asked the judge to reduce his time, arguing his family was suffering. The District Attorney’s Office said there will not be a formal resentencing hearing and the 371 days will be deducted from his original sentence.