Calderon’s mugshot from the Eastern Regional Jail.

Photo by Toni Milbourne
Melissa Dailey, mother of slain Samantha Dailey, arrived at the sentencing hearing for David Calderon with ‘a beautiful urn’ — all that she has left of her daughter.

Calderon took a plea deal on the charges earlier this month and was sentenced in Circuit Judge David Hammer’s courtroom on Wednesday.

The plea agreement granted that after serving a minimum of 15 years for the murder charge, Calderon could be eligible for parole. In addition, Calderon must serve a minimum of one year for the concealment of a human body charge before any parole would be eligible. It was following that plea agreement that Hammer sentenced Calderon to life in prison with a possibility of parole.

“You will be eligible for parole after 15 years,” Hammer told Calderon through an interpreter. “But, I will be in opposition to your parole.”

Hammer went on to say to the family and friends of Dailey, who were gathered in the courtroom, that while he may not be serving on the bench at the time Calderon could become eligible for parole, he will make a point to send all of their written statements through the court system with the defendant so that they are available to any parole board who may consider the case in the future.

Hammer also told those in the courtroom that Calderon is on a United States Detention List, and should he ever be paroled, he would immediately be taken by the feds and deported and never allowed in the United States again.

“I know it doesn’t give any comfort,” Hammer told the family.

The judge’s sentence was issued following several members of Dailey’s family reading victim statements into the court record. Many spoke of their displeasure with the plea deal that was reached, allowing Calderon any possibility of future freedom.

Dailey’s uncle, Joshua Dailey, expressed that he sits in disbelief, anger and frustration that Calderon was given the chance of parole.

“Samantha never knew a stranger, but it took a stranger to take away her life,” Joshua said in his statement.

He went on to express his frustration that the defendant will now receive things such as a warm bed, food and medical care that are things that many citizens in this country do not have.

“Poor people and homeless people don’t get what he will get,” he said.

Joshua also expressed his frustration with the process of the case, because the family, he said, will never know exactly what happened to Samantha. He said to the court, and reiterated after the entire sentencing was over, that the local law enforcement in both Berkeley and Jefferson counties were uneducated on what they should have done when pulling over an illegal immigrant.

“This could all have been prevented if ICE had gotten involved,” Joshua said.

To that point, Hammer did explain to the family gathered that, partly due to this case, Gov. Patrick Morrisey did, as one of his first acts in office, enter that all levels of law enforcement are to cooperate with ICE.

Also making statements were Janie Dailey, grandmother of Samantha, who addressed Calderon, saying that he not only took away everything from Samantha’s two children but also from his own child.

“You have denied your own daughter,” she said, as she added that she continues to struggle to comprehend how someone could commit such a heinous crime.

She spoke of the losses that Samantha’s children now face in that they will never have their mother. Hammer recognized that Samantha’s oldest child, her son, celebrated a birthday Wednesday, the date of the sentencing. He offered an apology, saying he would have changed the date had he known beforehand.

Samantha’s mother, Melissa Dailey, arrived in the courtroom with an urn, which she carried to the podium as she made her statement. The urn, she said, is all that she has of her daughter.

“I beg you, do not let this person walk back into the world to take another soul,” Melissa pleaded with the court.

Hammer, following the victim statements, asked Calderon if he cared to make a statement. Through his interpreter, he chose to finally speak, first wishing everyone a good afternoon.

“One day, God will judge us all individually, and He knows the reality of everything,” is the only other thing Calderon chose to say. He offered no apologies for his actions and, in the family’s eyes, showed no remorse.