Tag: charged as an adult

  • Hainstock to be tried as adult

    Hainstock to be tried as adult

    Judge: Hainstock To Be Tried As Adult:

    Judge Patrick Taggart has ruled that Eric Hainstock, the teen accused of gunning down Weston Schools Principal John Klang, will be tried as an adult.

    Judge Patrick Taggart said that Hainstock’s attorneys didn’t prove that moving his murder trial to juvenile court wouldn’t diminish the seriousness of his crime.

    Taggart said that evidence showed Hainstock planned to go to Weston Schools with guns and told a janitor that he was there to kill someone.

    The judge told the defense lawyers that they only succeeded in meeting one of the three criteria to move the case to juvenile court, WISC-TV reported.

    Of course, the defense is not happy.

    Hainstock’s attorney Rhoda Ricciardi said that the teen will rot away in prison. She said that therapy he would have received at juvenile facility could have helped him.

    What’s your point, lady?

    Hainstock is now looking at life behind bars.

  • Touchy

    Touchy

    Psychologist: Klang May Have Made Things Worse:

    A principal hailed as a hero for rushing a student gunman and disarming him despite being fatally wounded may have sealed his own fate by touching the boy, a psychologist testified Thursday.

    Eric Hainstock can’t control his emotional reactions to even the smallest slight and can’t think rationally when he’s attacked, juvenile psychologist Michael Caldwell said. The volatile 16-year-old has shown a pattern of growing more agitated when people touch him, Caldwell said.

    And people want him to back out on the streets by the time he’s 25? That’s laughable. Hainstock is violent and unstable, and I doubt very much that he’s capable of rehabilitation.

  • More from Hainstock hearing

    More from Hainstock hearing

    Pal: Teen who shot principal was abused:

    The sob stories about Eric Hainstock continue…

    Officials did nothing to stop students from teasing Eric Hainstock despite complaints, a friend testified Wednesday at a hearing to determine whether adult charges should stand in the shooting death of the teenagers’ school principal.

    Other kids called Hainstock names and pushed and punched him for being messy and smelling bad, said Morgan Gudenschwager, a 15-year-old eighth-grader who described himself as Hainstock’s best friend. Hainstock, who could be sentenced to life in prison if convicted on adult charges, told Gudenschwager his parents wouldn’t let him shower at home.

    And here’s some gratitude for you…

    But under cross-examination, Gudenschwager said Hainstock talked “once in a while” about how he hated Klang, even though Klang bought him clothes and let him shower at school so he wouldn’t smell. He also said Hainstock often instigated confrontations with other students and dished out his share of bullying.

    And what did John Klang get for his charity? A bullet that cost him his life.

    Hainstock is an obvious danger and should never see the light of day. Hell, prison would probably be like a vacation for him. At least he’ll get meals and showers.

  • Hainstock’s grandmother testifies

    Hainstock’s grandmother testifies

    Grandmother: Accused shooter considerate child:

    Here is some courtroom theatrics for you.

    In a hearing to see if Weston High School shooter, Eric Hainstock, will be tried as an adult, his grandmother testified on his behalf.

    Irene Hainstock was pushed up to the stand in a wheelchair and, with a gray bun and a white crocheted blanket on her lap, gave teary testimony about her relationship with her grandson and his troubled upbringing. Hainstock sat unmoved throughout her testimony.

    “He’s always been a loving child” he showed affection very easily and he was very talkative,” she said. “He liked to talk, and grandma listened.”

    His very early childhood, spent in Reedsburg with parents Shawn and Lisa Hainstock, was relatively normal, Irene Hainstock said. It was when he was three or four and his father remarried to Pricella Hainstock that things became “not the best,” she said.

    The Hainstock home on Bird Drive in La Valle was unkempt with multiple dogs that Pricella was raising in the home, she said.

    Once Shawn Hainstock said to his wife, “I think you love the dogs more than you love Eric,” Irene Hainstock testified. “She said, ‘Maybe I do.” Hearing that felt “terrible,” she said. “He’s my grandson.”

    In his older childhood years he began to be “terribly nervous and jumpy and flustered,” Irene Hainstock said, and was prescribed Ritalin. In the fall of 2001, when Eric was 10, he went to live with his grandmother for several months.

    Even after he returned home, he would bike the three miles to his grandmother’s home and seemed to seek refuge in their relationship, she said.

    “Like any teenager, I think he resented Pricella’s authority over him,” she said. “He always came to grandma.”

    When he would complain about being bullied at school, the advice she would give him, Irene Hainstock said, was “trying to get along, forgive.”

    What does Hainstock’s home life have to do with killing John Klang? After all, he didn’t murder his stepmother.

    The prosecution seems to be unfazed.

    After Hainstock had testified that her grandson was locked in a locker at school, held by his ankles with his head in a toilet by another student and told by a teacher that he wouldn’t “be (at school) long if I have anything to say about it,” District Attorney Patricia Barrett asked what she had done to intervene.

    Irene Hainstock said she thought that was Eric’s parents’ job.

    “So it didn’t worry you enough to go past his parents to protect your grandson and tell the school?” Barrett asked. “It seemed to have stuck in your memory, but it didn’t seem to bother you enough to report it.”

    “Like I said,” Hainstock said, “I thought his parents would take care of it.”

    Barrett said a school report showed Eric had instigated the incident with the toilet, and earlier had threatened other students, brought to school both powdered calcium he said was cocaine and a mixture of Kool-Aid and cough syrup he said was blood.

    In the spring of eighth grade, Barrett said, Eric threw a chair in choir class and grabbed his teacher by her arm until it was numb while screaming profanities. Irene Hainstock said she wasn’t aware of any of those incidents.

    But he’s the victim? I don’t think so.

  • Bartley pleads guilty and is sentenced

    Bartley pleads guilty and is sentenced

    Boy agrees to 45 years in school killing:

    15-year-old Kenneth Bartley Jr., the gunman in the Campbell County High shooting, has pleaded guilty to the murder of Assistant Principal Ken Bruce and the attempted murders of Principal Gary Seale and Assistant Principal Jim Pierce.

    Bartley was sentenced to 45 years in prison on a charge of second-degree murder and two charges of second degree attempted murder. Bartley was looking at life sentences if he went to trial.

    Personally, I’m pleased with the sentence. I feel that justice has been done.

  • Justice for John Klang

    Justice for John Klang

    Hainstock case draws slew of feedback over whether he should be tried as a juvenile:

    The bleeding heart soccer moms with pictures of big-eyed kittens on their coffee mugs are at it again. They’re sending more letters to the Wisconsin court that will decide the fate of 15-year-old Eric Hainstock. Hainstock is charged with first-degree murder for the shooting death of Weston High School principal John Klang. The soccer moms want him tried as a juvenile because he needs “help”.

    Five of the letters appeal for his transfer to the juvenile court while referring to abuse at home and bullying Hainstock reportedly suffered in school.

    “The young man has endured such overwhelming torment and abuse that he deserves another chance in life — through justice which provides rehabilitation,” wrote Jan Hirschy of Richland Center. “He doesn’t deserve a lifelong sentence to further torment and abuse, which will inevitably be his fate as a boy among adult male prisoners.”

    In a telephone interview, Hirschy said her belief in the need for rehabilitation rather than simple punishment moved her to write. If Hainstock is placed in the juvenile courts he would not be released immediately.

    “He would have the option and access to (rehabilitative) services, which he would not have in prison,” she said.

    John Klang endured being shot in the back of the head. Unfortunately, he has no such chance at rehabilitation because you can’t rehabilitate the dead.

    Stacy MacGowan of New York City is among writers from places such as Florida and Illinois who have expressed their support for Hainstock. She appeals for leniency because of his abuse at the hands of his father and school bullies.

    “Your honor, I understand that this child has done the unthinkable and needs to be held accountable, but it should be done in the juvenile courts where he belongs,” MacGowan wrote. “He, too, is a victim.”

    Let’s weigh the one so-called victim against the other. Eric Hainstock bullied but still breathing. John Klang, dead at the hands of Eric Hainstock. There’s really only one victim here.

    At least the whole world hasn’t gone crazy…

    Weston schools English instructor Lori Olson-Putz expresses the sense of outrage many of the opponents feel. She refers to the deep and lasting emotional blow Klang’s death on Sept. 29 has dealt to members of their rural community.

    “Eric planned and carried out a senseless murder of a man who was actively trying to help him in every possible way,” she wrote the judge. “Why should Eric walk free after only a few years when the rest of us won’t be able to?”

    Olson-Putz said by phone Friday evening that the school administration has asked staff to avoid making further comments on the case.

    Other opponents say it would set a bad example for other troubled youths. They point to “anarchist” Internet Web sites where some postings praise the shooting of Klang as a blow against repressive school systems.

    “There are a number of people around the country that are happy that a principal was shot and killed and admire Eric for his courage,” writes Lyle Lindholm, a teacher at Weston High School. “If he gets tried as a juvenile, this will only encourage people like that to do the same kind of crimes because they know they could literally get away with murder.”

    You don’t even have to go to any other website. I’ve had enough people post comments here that said they were glad Hainstock did it.

    I know this is common sense, but it needs to be repeated. Hainstock is not a victim. He is nothing short of a stone-cold killer and needs to be dealt with as such. Anything else would dishonor the memory of John Klang.

  • Murder is never juvenile

    Murder is never juvenile

    Growing up in prison:

    As most of you know, I write about juvenile offenders on an almost daily basis. Not only have I written about school shootings, but I’ve also written about such teenage murderers as Patrick Armstrong, Scott Dyleski, the Zarate brothers, and Esmie Tseng. So I like to think I have a little bit of knowledge on the subject.

    I am of the opinion that most juvenile offenders know the difference between right and wrong, and that most know that murder is wrong. That being said, I have no problem whatsoever with teenage killers being tried as adults and being subject to adult sentences.

    In California, voters approved a law known as Proposition 115 which allows judges to sentence 16-year-olds who have committed murder with “special circumstances” to be sentenced to life in prison without the possibility of parole. The most infamous teen killer to receive that sentence was the aforementioned Scott Dyleski.

    Scott Dyleski was tried and found guilty in the brutal slaying of Pam Vitale, the wife of famed criminal defense attorney Daniel Horowitz. Dyleski was 16 when he bludgeoned Pam Vitale to death with a piece of crown molding that he beat her with 39 times before carving a cross into her back. He was sentenced to life in prison without the possibility of parole.

    Now a California politician, Assemblyman Leland Yee, D-San Francisco, who also has a doctorate in child psychology, wants to repeal Proposition 115. He has proposed The California Juvenile Life Without Parole Reform Act, which would block judges from sentencing minors to life without parole. Under the proposed legislation, the most a teenage killer could receive is 25 years with parole. Yee believes that youthful offenders have the best chance of being rehabilitated.

    I’ve been doing this long enough that I’ve heard all the arguments. It’s always the same old buzz words and phrases. Rehabilitation, they’re not mature enough to understand their actions, they had hard childhoods, jail is not a deterrent. The Helen Lovejoy’s of the world who are always bemoaning “Won’t someone please think of the children?” never use the following words. Punishment, personal responsibility, or justice for the victim. They’re more concerned about the quality of life of the killer rather than the victim who has no life anymore.

    In my opinion, rehabilitation in adults or teens is the exception rather than the norm. Proponents of this bill also claim it would help alleviate the prison population. Do you know what would be a surefire way to alleviate the prison population? If people stopped killing each other.

    So, just because the prisons are crowded, we’re supposed to lessen the burden on the killers? Logic like that would make Aristotle roll in his grave. Not only that, but teens are not as stupid as supporters of this new legislation make them out to be.

    Who do you go to when you can’t work a feature on your cell phone or computer? Especially with the degradation of parenting in our society, teens are rushed into adulthood faster than ever.

    Repealing Proposition 115 would be devastating in a state like California, where gang violence is the most active in the country. All they would have to do is have their under 18 members carry out their killings, so they’ll have shorter sentences if they get caught.

    California has also had its share of school shootings, such as the Santana High School shooting. Again, if Prop 115 was repealed, school shooters like Andy Williams would have no deterrent whatsoever from creating another Columbine.

    This isn’t the 1950s anymore where the worst thing juveniles did was graffiti, shoplifting, or smoking. This is the 21st Century where, unfortunately, teens are more capable of killing than ever before.

    And I know this is cliché, but I wonder how many supporters of The California Juvenile Life Without Parole Reform Act would still be supporters if one of their family were the victim of the teen murderer.

    Justice is supposed to be for the victim, not for the condemned.

  • Judge grants juvenile status hearing for Hainstock

    Judge grants juvenile status hearing for Hainstock

    Eric Hainstock Case Goes Back To Juvenile Court:

    A judge has granted a request to have a hearing on whether or not Eric Hainstock should be tried as an adult. Hainstock shot and killed his principal, John Klang of Weston Schools in Wisconsin. Prosecutors are appealing this decision.

    If Hainstock were to be tried as a juvenile, he could only be held until his 25th birthday. Less than 10 years for first-degree intentional homicide is a joke, and again would set a dangerous precedent for those that would follow in Hainstock’s footsteps.

    He needs to be tried as an adult and put away forever. The victim, John Klang was given a death sentence and he didn’t commit any crime.

  • Petitioners seek juvenile trial for Eric Hainstock

    Petitioners seek juvenile trial for Eric Hainstock

    Petitioners: Hainstock is not an adult:

    217 petitioners from as far away as Italy are appealing to prosecutors to have Eric Hainstock tried as a juvenile. If you recall, Hainstock was arrested for the shooting and killing Weston Schools principal John Klang. The petitioners argue that since Hainstock was 15 at the time of the shooting that his brain was not fully developed and did not have the ability to make “good judgments”. I argue that the petitioners’ brains aren’t fully developed. Any 15-year-old knows that killing someone is against the law and will get you put in jail. Then again, consider the source. These are the same people who felt Eric Schorling was just misunderstood.

    Wisconsin law states that a 15-year-old that commits first-degree murder receives a mandatory trial as an adult. They can be tried as a juvenile under special circumstances, but in my opinion, those circumstances do not apply to Hainstock. Hainstock had an abusive father, but he didn’t shoot his father. He shot a man who was just trying to do his job. John Klang’s family no longer have him in their lives. Justice demands that Hainstock is removed from society. Let’s bring back personal responsibility to the world.

  • Malicious intent

    Malicious intent

    In our view: Memorial shooting:

    Over the years on this site, there has been a lot of debate about trying juveniles as adults for school shootings and the like. The latest debate rages over Memorial Middle School shooter Thomas White. To refresh your memory, White brought his father’s MAC-90 assault rifle to school, firing one round into the ceiling before the gun jammed, preventing any bloodshed. A lot has been argued about his intent. I think this article should clear up his intent, yet I’m sure the debate will still go on. This is from an editorial in the Joplin Globe which favors trying White as an adult, but it reveals one fact that I didn’t know of until now…

    We will disagree in this case, though every instance must be looked at separately. If anyone doubts the intentions of this disturbed young man, they should re-examine testimony in last week’s hearing in which a juvenile detention officer reported a conversation between White and another boy on Oct. 10, the day after the incident.

    The boy remarked to White that he should have gone ahead and shot Principal Steven Gilbreth in the head.

    “I would have shot him in the head,” White reportedly replied, “but my f—— gun wouldn’t shoot.”