Tag: charged as an adult

  • 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.”

  • Thomas White to be tried as an adult

    Thomas White to be tried as an adult

    Seventh-grader to stand trial as adult in middle school incident:

    Thomas White will be tried as an adult. The 13-year-old who fired a MAC-90 assault rifle inside of Memorial Middle School in Joplin, Missouri has been certified by Jasper County Circuit Court Judge William Crawford to stand trial as an adult.

    Crawford said he based his decision on the seriousness of the offense and the apparent violent nature of the boy’s actions.

    Juvenile officer April Foulkes testified Wednesday that she recommended certification of White to stand trial as an adult because if he was tried in juvenile court, he could be released within six months to a year. She said if he was prosecuted as an adult and convicted, White could be sentenced to a dual-jurisdiction program of the state and placed at a secure-care center in Montgomery City until he turns 18.

    Now let’s hear from the “He’s old enough to fire a gun but not old enough to go to prison” crowd…

    White’s lawyer, Chuck Lonardo, argued at the hearing that the boy is too young to be certified for trial as an adult. He said while treatment of the boy is needed, such treatment could best be accomplished by adjudicating him as a juvenile.

    He also said the court could order that White be kept in custody until he turned 18.

    Lonardo called clinical psychologist Kevin Whisman to testify about a psychological evaluation of the boy that he conducted after the incident. Whisman said in the weeks leading up to the shooting, White was feeling increased pressure to improve his grades, mostly coming from his father, who the boy said had threatened to beat him with a belt if his grades did not improve.

    As we know now the father is no prize either but suck it up, kid. My dad threatened me with a belt all the time, and I was bullied too. But just because your dad and other kids at school are assclowns, it’s no reason to kill other people. Now you’ve basically thrown your life away, and you must be held responsible for your actions.

  • DA not worried about sealed records

    DA not worried about sealed records

    D-A says she won’t appeal judge’s ruling regarding school records:

    Like I theorized last week, Sauk County District Attorney Pat Barrett said that her case against Eric Mainshock will not be affected by the recent ruling that Hainstock’s school records will be sealed…

    Barrett says she sought the boy’s school records as a matter of routine in an investigation of a crime at a school that involved school personnel. But she says she doesn’t anticipate needing the records to prosecute the case, given the number of witnesses and some admissions by the defendant.

    For those of you just joining us, Eric Hainstock shot and killed Weston High School principal John Klang in front of witnesses.

    Hopefully, prosecuting Hainstock will be a slam dunk.

  • Hainstock school records to remained sealed

    Hainstock school records to remained sealed

    Judge Rules Accused Teen Shooter’s Records Sealed:

    A Wisconsin judge has ruled that the school records obtained by the prosecution against Eric Hainstock will remain sealed and will not be used by the prosecution…

    The ruling comes after Eric Hainstock’s attorney argued that the records are confidential and the subpoena to get them does not show how they could tie into the September shooting of Principal John Klang at Weston Schools in Cazenovia.

    Sauk County Circuit Judge Patrick Taggart issued the ruling denying the prosecutors’ request on Monday.

    Hainstock’s lawyer, Debra O’Rourke, argued at a Nov. 3 hearing that the subpoena was far too broad and that prosecutors were searching for more charges to file. Hainstock faces a charge in adult court of first-degree intentional homicide and a maximum sentence of life in prison if convicted.

    Another Hainstock attorney, Catherine Ankenbrandt, said Tuesday they were pleased with the judge’s ruling and that he had decided correctly.

    Honestly, I don’t think the prosecution really needs them, since Hainstock kind of shot John Klang dead in front of witnesses. But I guess it never hurts to have more ammunition to put someone away, so to speak.

  • Bartley trial may go back to juvenile court

    Bartley trial may go back to juvenile court

    Campbell County High School shooting case goes back to juvenile court:

    The attorney for Kenneth Bartley, the teenage gunman from Campbell County High in Tennessee who killed assistant principal Ken Bruce and wounded principal Gary Seale and assistant principal Jim Pierce, wants to have the trial moved back to juvenile court…

    In March Bartley agreed to be tried in adult court, but now he wants a hearing on the matter. So the case will at least temporarily go back to juvenile court. Thursday the judge set April tenth as a tentative trial date if the case comes back to adult court.

    “If they want to have a hearing in juvenile court, we don’t want to deny them any right, but we’re confident that we’ll have the trial in April here in criminal court,” said District Attorney General Paul Phillips.

    Hopefully, it will stay in adult court where it belongs. Murder is not a juvenile crime.

  • Hainstock’s lawyer wants records thrown out

    Hainstock’s lawyer wants records thrown out

    Hainstock’s Lawyer Fights School Records Seizure:

    Eric Hainstock’s attorney, Debra O’Rourke, is trying to get school records subpoenaed by the prosecution excluded. She claims that the records are confidential, and the subpoena does not show how they are relevant to the murder of Weston Schools principal John Klang.

    District Attorney Pat Barrett is arguing that the records are relevant, stating that Hainstock had issues with numerous students over the past three years and that he was going to “see” them the day he killed Klang.

    O’Rourke also said that the school did not fulfill her request for the records, even though she had permission from the family.

    Judge Patrick Taggart will rule on the matter in two weeks.

  • Day late, Dollar short

    Day late, Dollar short

    School ‘security’ is wrong response:

    This is a letter to the editor of a Wisconsin newspaper about new security measures being put in place after the killing of Weston Schools principal John Klang…

    Dear Editor: I have great sympathy for those affected by the Weston school shooting last week, particularly the family of John Klang.

    That said, the new “security measures” in place as students return to school seem to be a prime example of the wrong sort of response, the kind Americans are so good at these days, of putting good people on lockdown in the wake of a singular act by a single person. One very troubled youth commits a horrific act, and now the rest of the school is subject to armed surveillance and the registration of outsiders?

    What sort of message is that intended to send we are trying to prevent further armed attacks by bringing in more arms and suspecting everyone?

    I urge the School Board to consider intelligently and rationally addressing root causes here, even in the wake of a very irrational and heartbreaking incident, before initializing knee-jerk measures that can only result in more fear and anguish.

    Not to mention the fact that the steps they seem to be taking are like closing the barn door after the horses are already out.