WILBER, NE — The woman convicted of killing and dismembering Sydney Loofe is not heading to death row.

A three judge panel sentenced Bailey Boswell to life in prison during a hearing at the Saline County Courthouse on Monday. All three judges must agree in order to impose the death penalty. Judge Peter Bataillon of Omaha dissented, saying the State did not prove its aggravating factor beyond a reasonable doubt.

“Nothing in this dissent should be understood to diminish the senselessness of the murder of Sydney Loofe and the great pain this has caused her family and friends. However, because I cannot find that the State has met its burden of proof as to the aggravating circumstances, I hereby dissent from the other two judges on this panel.”

The State argued for just one aggravating factor, that the slaying manifested exceptional depravity by ordinary standards of morality and intelligence. Judges Vicky Johnson and Darla Ideus both thought the State proved it. Johnson said it was evident that Boswell relished the murder and mutilated Loofe’s body.

“The needless mutilation of Sydney Loofe’s body demonstrates the mental state of Boswell at the time of the murder, a mind totally and senselessly bereft of any regard for human life. This factor has been proved beyond a reasonable doubt and weighs heavily against the defendant.”

The panel didn’t offer its opinion on the defense’s mitigating circumstances… it was irrelevant after the judges couldn’t agree on the aggravating factor.

The life sentence is in contrast to Boswell’s co-defendant, Aubrey Trail, who was sentenced to death in June. They were convicted of the same crime, but defense attorney Todd Lancaster says he proved Boswell has higher character than her boyfriend.

“I think we put on lots of mitigating circumstances showing that Bailey Boswell as a person was a lot different than Aubrey Trail.”

Boswell didn’t show much emotion in the courtroom during the sentencing. In her aggravation and mitigation hearings, she pleaded with the panel to spare her life so she could have a role in her daughter’s life.

“She’s grateful she’s not going to receive the death sentence, particularly for her family and her daughter.”

The Loofe family and prosecutors left without comment.

Boswell is being housed at the York Correctional facility. Her attorney says there is likely to be an appeal on the guilt or innocence phase of her trial. A notice of appeal needs to be filed within 30 days.

Boswell would have been the first woman sent to death row in Nebraska.