Tag: charged as an adult

Witness: Armed Wis. Teen Said He’d Kill:

Two members of the staff of Weston Schools testified that Eric Hainstock declared his intention to kill before shooting Principal John Klang.

Custodian Dave Thompson testified he was talking with assistant football coach and social studies teacher Chuck Keller before school when they saw Hainstock walking across the parking lot with a shotgun raised.

Thompson said the teacher asked the 15-year-old freshman what he was doing with a gun in school and Hainstock replied, ‘”I’m here to (expletive) kill somebody.” ‘ He then pointed the gun barrel to within inches of Keller’s face.

Thompson ripped the gun away from him, telling him, “No, not in my school,” he recalled. Hainstock then reached into his pocket, Thompson said.

Fearing the boy had another gun, Thompson ran outside with the shotgun, telling Keller to run.

After Thompson had taken the shotgun, Keller said that he tried to corner Hainstock in the entryway, but that the boy reached into his pocket and pulled out a .22 revolver.

Notice that Hainstock didn’t say that he was there to (expletive) scare someone.

Keller also testified about the character of Hainstock…

Keller testified he had Hainstock in class a year earlier. The boy was disruptive, touching other students and heckling him during his lectures, Keller said.

Hainstock was equal parts victim and instigator, he said, but the shenanigans didn’t seem serious.

If the kid was a loudmouth and an attention seeker he probably brought any alleged bullying on himself. But again none of his alleged abusers were his target, only John Klang was.

Opening Statements in Principal Shooting:

Today was the opening day in the trial of Eric Hainstock. He’s accused in the shooting death of Weston Schools principal John Klang.

The defense is trying the argument that Hainstock only meant to scare John Klang.

Hainstock’s attorney, Rhoda Ricciardi, told jurors they should not convict him of first-degree murder because his actions were not intentional, but reckless. She said he told police he only meant to scare people.

She said Hainstock was upset with kids calling him a “fag.” Ricciardi said his stepbrother sexually abused him when Hainstock was 6, and that his father abused him and refused to give him medication for attention deficit disorder.

This is the first I’ve heard of claims of sexual abuse but again Hainstock did not strike back at the people who allegedly abused him. He shot and killed someone who was actually trying to help him.

The prosecution remains unfazed…

District Attorney Pat Barrett maintained that Hainstock’s anger toward Klang had been building for two weeks before homecoming.

She noted Klang kicked Hainstock out of school for three days after Hainstock threw a stapler at his special education teacher. Klang also gave Hainstock an in-school suspension after Klang found chewing tobacco in the boy’s backpack.

Pointing her finger at jurors like a pistol, Barrett also pledged they would hear statements Hainstock gave to investigators in which he said he pulled the trigger on Klang on purpose and testimony from a school janitor who heard Hainstock say he was at the school to kill someone.

Barrett also said Hainstock brought 50 cartridges for the revolver to school.

Do 50 rounds of ammunition sound like he was just trying to scare someone? Let’s not forget that Hainstock also brought a shotgun to the school as well even though the shotgun was taken away by a school custodian. Fear was not Hainstock’s objective. Death was.

Librarian: Hainstock seemed “proud” of violent incident weeks before shooting:
Librarian Kay Amborn testified today that Eric Hainstock took pride in his throwing a metal stapler at special needs teacher James Nowak.

Librarian Kay Amborn testified Friday that Hainstock, 16, seemed “proud” a week later on Sept. 21 when he saw a story about the incident published in the Reedsburg Independent, showed it to several other students and asked Amborn to make a copy of it for him. She declined.

“He said he wanted a copy for his dad, because his dad didn’t get the newspaper,” Amborn testified.

The stapler incident is what led to Hainstock being suspended by Klang which is what prosecutors believe that led to Hainstock shooting Klang. I tend to agree.

No new charges for teen accused of killing principal:

A judge has ruled that the attempted murder charge recently alleged against Eric Hainstock will not be considered.

The judge rejected the additional charge, saying it would violate Hainstock’s right to a fair trial and would be prejudicial. He also cited concerns that Hainstock’s defense wouldn’t have time to prepare a defense against the charge, with the trial set to begin in under a week.

I thought the charge was frivolous anyway. Just pointing a gun at someone is not attempted murder. The prosecution does not need to get creative right now. Hainstock shot principal John Klang in front of multiple witnesses. The prosecution needs to play it safe and just get the murder conviction.

Teen may face another charge:

Prosecutors are trying to get an additional charge of attempted murder pressed against Eric Hainstock. Hainstock is accused of shooting and killing Weston Schools principal John Klang.

Prosecutors allege that Hainstock also pointed the gun at his own special education teacher, James Nowak, prior to the death of Klang. Nowak is the same teacher who Hainstock allegedly threw a stapler at.

Of course, the defense is not happy…

“We have eight business days between now and the day we pick a jury and go to trial,” said Rhoda Ricciardi, one of the Madison-based attorneys representing 16-year-old Hainstock. “And now we are also supposed to defend against an attempted homicide? If that’s not prejudice, sir, I don’t know what is.”

The prosecution offered this explanation…

Sauk County District Attorney Patricia Barrett said she previously mentioned the possibility of additional charges to Hainstock’s defense team, but only recently received the transcripts of prior testimony necessary to go forward with the additional charge. She said there is no new evidence defense attorneys must study.

As much as I’d like to see Hainstock get as much time as possible I doubt the attempted murder charge will stick or even be allowed.

The trial is set to start on July 26th.

Judge: Hainstock not coerced:

Sauk County Circuit Judge Patrick Taggart has ruled that Eric Hainstock was not coerced nor did he have his Miranda rights “rammed down his throat” by police.

“The court finds that the officers were careful to make sure that this juvenile understood his rights, could have his parents notified if he wanted them to be notified and a review of the recording disclosed a juvenile who, although he may have had educational shortcomings in certain areas, demonstrated an ability to recognize his rights and to proceed without an attorney or his parents present,” he wrote.

This trial should be relatively short.

Did alleged Weston shooter know what he was saying?:

Eric Hainstock’s defense is trying to say that he was not made aware of his rights before giving a statement to police. He basically confessed to killing Principal John Klang while in custody.

Lohr said before asking any questions, he read with Hainstock a card advising him of three constitutional rights, including his right to remain silent and his right to an attorney. Hainstock initialed each of the points and said he could not afford an attorney, he said.

Barrett told the court Hainstock began stating his Miranda rights even before the officer went over the card with him.

“I have the right to remain silent,” she quoted him. “Anything I say can be used against me.”

In defense arguments, Ricciardi pointed out that investigators knew Hainstock was a year behind in school and has learning disabilities and attention deficit hyperactivity disorder. Legal precedents have established that law officers interrogating a juvenile have a responsibility to have the child repeat their understanding of their rights back to the officer, and Lohr failed to do that, she said.

Despite the fact he said he didn’t have the money for an attorney, the investigators did not explain to him how he could have one represent him, Ricciardi said.

Ricciardi said Feagles’ role in giving the Miranda warning was rushing Hainstock through signing it without giving him time to think.

“Now you’ve agreed to talk to us, let’s talk,” she characterized Feagles’ words that morning.

In her final arguments, Barrett said suppression of a defendant’s statement is only appropriate when there is evidence of coercion by police. That did not happen when Hainstock was interviewed by Lohr and Feagles, she said.

“I don’t think the court will find any improper police pressure or tactics,” Barrett said.

But Hainstock was an immature and troubled boy in a situation he was not equipped to handle, Ricciardi said.

“You have two adult detectives in this room with a very young boy,” she said. “This kid has his rights rammed down his throat with no effort to determine if he understood them.”

If he’s watched enough to TV to know how the Miranda rights are read I’m sure he’s watched enough to know when it’s time to ‘lawyer up’. The defense team is making this kid out to be a drooling helmet wearing window licker riding the short bus. Hainstock is obviously not as stupid as they’re making him out to be. After all, he was able to obtain two guns and unfortunately use one of them correctly.

‘Somebody would kill him’:

Shawn Hainstock, the father of Weston High School gunman Eric Hainstock, is showing concern for his son…

Shawn Hainstock made no secret of his tears Thursday after a Sauk County Circuit Court hearing for his 16-year-old son, Eric, who is charged with killing the principal of Weston School in September.

“I’m concerned (Eric) might say the wrong thing (in an adult prison) and somebody would hurt him,” Shawn Hainstock said, tears in his eyes. “Somebody would kill him, and that would be that.”

In his first public interview since the shooting, Shawn Hainstock said he visits his son in the Sauk County Jail every day or two. “He kind of breaks down and cries a lot,” he said.

Sauk County Circuit Judge Patrick Taggart’s decision last month that the younger Hainstock be tried as an adult was a “tragedy,” Hainstock said. “My heart’s been tore out,” he said. “That just about killed me.”

“Nobody knows him like we do,” Shawn Hainstock said. “They don’t realize how loving a boy he is. He can be saved.”

But he said his son is “getting railroaded.”

The reason this is so interesting is that the defense is alleging that one of the reasons Eric Hainstock killed John Klang was because Eric Hainstock was abused by his father. At one point Eric Hainstock was even removed from the house by the state but begged to be returned.

This leads me to believe one of two things. Either the alleged abuse wasn’t as bad as the defense is making it out to be or that Shawn Hainstock is a hypocritical son of a bitch. Whatever one it is remains to be seen.