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Shooter sentenced to write essay on why he's sorry (& 30 days juvie. hall, boy 14 shot man,age 69)
AP on Bakersfield Californian ^ | 1/20/07 | AP

Posted on 01/20/2007 4:30:50 PM PST by NormsRevenge

An Orangevale youth who fatally shot a passing motorist with a hunting rifle had to write a 1,000 word essay on why he was sorry and will serve 30 days in juvenile hall.

The sentence is far short of the maximum penalty of 14 years' incarceration.

The 14-year-old shot Gary Marcy, 69, of South Natomas, on Sept. 27, while barely missing his wife of nearly 50 years, who was sitting beside Marcy in the vehicle.

"I killed a man that day, and nobody knows how it feels," the youth said as part of the essay he read in court. "I cannot, no matter how much I want to, take that bullet back."

Sacramento County supervising juvenile prosecutor Richard Lewkowitz said the boy did not know the gun was loaded, did not intend harm, and had no criminal record.

As part of his sentence, the special education student also must spend 500 hours speaking to other youths on the dangers of guns.

Gary Marcy Jr. said the family felt the punishment was too light for the crime.

"He's only going away for 30 days," Marcy said. "My dad's never coming back."


TOPICS: Crime/Corruption; News/Current Events; US: California
KEYWORDS: banglist; california; essay; sentenced; shooter; sorry

1 posted on 01/20/2007 4:30:52 PM PST by NormsRevenge
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To: NormsRevenge

Bill O'Reilly should go postal on TV over this article.


2 posted on 01/20/2007 4:32:56 PM PST by prophetic
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To: NormsRevenge

per the procesutor ... the boy did not know the gun was loaded, did not intend harm, and had no criminal record.

As part of his sentence, the special education student also must spend 500 hours speaking to other youths on the dangers of guns.

--

Condolences to all affected by a reckless act.


3 posted on 01/20/2007 4:33:11 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: prophetic

This is NUTS!


4 posted on 01/20/2007 4:34:24 PM PST by A. Morgan (Thank GOD, I'm FReeping)
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To: NormsRevenge
"I cannot, no matter how much I want to, take that bullet back."

And We Know He Must Be Serious, For He Is Not Using Contractions.

5 posted on 01/20/2007 4:35:34 PM PST by martin_fierro (< |:)~)
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To: NormsRevenge

When they outlaw guns in the hands of special education 14 year-old kids... I'll feel a little safer.


6 posted on 01/20/2007 4:36:14 PM PST by gcruse (http://garycruse.blogspot.com/)
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To: NormsRevenge

the boy is also a special education student .. the reckless part would include the boy's parents or guardian that allowed a weapon to be accessed.

sounds like diminished capacity may have come into play in this case , dependent on the particulars of the boys either physical or mental condition at the time of the accidental shooting.

sad all the way around.


7 posted on 01/20/2007 4:37:59 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: NormsRevenge

Spank him!


8 posted on 01/20/2007 4:38:23 PM PST by Calpernia (Breederville.com)
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To: NormsRevenge

Our courts have made human life very cheap in this country, between light sentences for killing fellow humans to abortion. How very sad.


9 posted on 01/20/2007 4:39:35 PM PST by CremeSaver
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To: Calpernia

lol. Sally Lieber would frown on that, I'm sure.

You do raise a good point as this whole spanking thing unfurls here in California as well.

What about Special Education or Challenged children or teens or folks that may only respond to some physical stimulus when they are acting up.. tho rare perhaps it might be used, tyypically they may also be handled thru medications I guess, in some cases anyway.

Parents, teachers and caregivers in some situations may need to apply for waivers, or Get Out of Jail stampbook at $500 a pop or something. I'm sure the legislators will figure out something. They always do.


10 posted on 01/20/2007 4:44:52 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: NormsRevenge
per the procesutor ... the boy did not know the gun was loaded, did not intend harm, and had no criminal record.

He should be prosecuted for manslaughter. He willingly took the risk that the gun was loaded (and it's always a risk, when you use a gun). I'm sure he would not have used it on his own head, even if he thought that it was not loaded.

Let me share something with you. Last year, when the Child Safety & Protection Act was being debated in the House of Representatives, I saw a radical Democrat speaking. He said that the Act would expand the range of death penalty offenses, and include the accidental killing of a child by a child molester.

He complained that it would be a disgrace to include such an 'accident' and treat it as de facto murder. But is it? A vicious child molester, who risks some innocent child's life and 'accidentally' kills him, how much of an accident is that? People shouldn't be free to take risks under which other people will suffer.

I would use the same principle in this case. This boy was willingly taking a risk at someone else's expense. He did not have that right. Since someone got killed, this sentence is a disgrace.
11 posted on 01/20/2007 4:45:11 PM PST by LtdGovt ("Where government moves in, community retreats and civil society disintegrates" -Janice Rogers Brown)
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Comment #12 Removed by Moderator

To: NormsRevenge

>>>>What about Special Education or Challenged children or teens or folks that may only respond to some physical stimulus when they are acting up.. tho rare perhaps it might be used, tyypically they may also be handled thru medications I guess, in some cases anyway.

I worked with challenged children for a little more than 5 years.

You absolutely had to use physical stimulus appropriately or you got hurt! Or they hurt themselves.

My opinion I posted on Lieber and spanking, is over here:

http://www.freerepublic.com/focus/f-news/1770713/posts?page=20#20


13 posted on 01/20/2007 4:48:28 PM PST by Calpernia (Breederville.com)
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To: LtdGovt

I'll have to dig for a little more info as to how the prosecutor arrived at his conclusion, the boy's cognitive level, did he ever receive any training or attend a safety class with firearms, etc.



14 posted on 01/20/2007 4:48:45 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: NormsRevenge

The dangers of guns?? Great, maybe follow up with the dangers of kitchen knives and SUV's.


15 posted on 01/20/2007 4:50:15 PM PST by somemoreequalthanothers (All for the betterment of "the state", comrade)
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To: NormsRevenge
sounds like diminished capacity may have come into play in this case

Since when has special eduction equaled diminished capacity. Kids today are told by their parents to act crazy get put on Prozac and then they get SSI. I myself think the sentence is pure horse manure, if the kid is smart enough to write and essay, and spend 500 hours making speeches he can do the 14 year.

16 posted on 01/20/2007 4:51:04 PM PST by org.whodat (Never let the facts get in the way of a good assumption.)
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To: NormsRevenge

Well that ought to teach him!


17 posted on 01/20/2007 4:52:51 PM PST by flashbunny (If the founding fathers were alive today, they'd be buying feathers and boiling tar.)
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To: All

per the Sac Bee



Excerpted

Boy gets 30 days in death
The 14-year-old admits firing the shot that killed a passing motorist, but the prosecutor says there was no intent.
By Hudson Sangree - Bee Staff Writer

http://www.sacbee.com/101/story/110942.html

--

The high-powered rifle used in the killing was a birthday gift to the boy's older brother from their father.

The boy's mother and stepfather, who owned the house on Lake Natoma Drive, did not know the rifle was in the house, law enforcement officials said. The parents and stepfather were not charged with any crime.

The boy was showing the rifle to a friend when he aimed it at a passing car.

His lawyer, Michael Bowman, said the boy did not "track" the car in the rifle's scope, as law enforcement reported.

The bullet blew out the bedroom window and headed straight for the Marcy's passing Honda Accord. It whizzed past Madeline Marcy, reclined in her seat, and hit Gary Marcy in the neck.

The boy was charged with involuntary manslaughter -- a killing without malice -- along with an enhancement for using a firearm.


18 posted on 01/20/2007 4:53:27 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: Baynative
This is to keep the nonconformers in line
19 posted on 01/20/2007 4:53:56 PM PST by Calpernia (Breederville.com)
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To: NormsRevenge
Thank you for your self-sacrifice. ;-)

When I was 14, I hadn't receive any training on safety with firearms, but I knew that guns were dangerous, and I wasn't about to point a (supposedly) empty gun at a car and pull a trigger.
20 posted on 01/20/2007 4:54:21 PM PST by LtdGovt ("Where government moves in, community retreats and civil society disintegrates" -Janice Rogers Brown)
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To: NormsRevenge

Sorry, but even if it's manslaughter, this is not long enough. I have not seen all the evidence, but something on the order of two or three years would be more appropriate at that age, if the preponderance of evidence truly suggests that it was not deliberate.

What kind of lesson is this kid learning?


21 posted on 01/20/2007 4:55:02 PM PST by Cicero (Marcus Tullius)
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To: NormsRevenge

He did pull the trigger, right? (Pardon my confusion, because the article only mentions aiming the gun at a car.)


22 posted on 01/20/2007 4:56:10 PM PST by LtdGovt ("Where government moves in, community retreats and civil society disintegrates" -Janice Rogers Brown)
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To: org.whodat

Since when has special eduction equaled diminished capacity. Kids today are told by their parents to act crazy get put on Prozac and then they get SSI. I myself think the sentence is pure horse manure, if the kid is smart enough to write and essay, and spend 500 hours making speeches he can do the 14 year.

--

Just raising it as a possibility. Good point on his writing essay and speaking ... and widespread use of mood leveling meds.


23 posted on 01/20/2007 4:58:52 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: NormsRevenge
Shooter sentenced to write essay on why he's sorry

Then he was told to "go stand in the corner and don't do that again. Oh, and no Oreos after school!"

24 posted on 01/20/2007 4:59:22 PM PST by IronJack (=)
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To: NormsRevenge

Sweden makes it mandatory for all high school level youth to attend firearms education courses. Later on, they are required to spend 2 years in some kind of military service.

Swedens' murder rates are some of the lowest in the world, as well as shooting accidents such as this.

The answer lies in the reacord as well as the statistics.


25 posted on 01/20/2007 4:59:52 PM PST by PSYCHO-FREEP (Show me a 'true' Conservative and I'll show you someone with bad knees)
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To: LtdGovt

It sure sounds like it, but they also said he was not "sighting" on the car when he did so, not sure if it had a scope, but it was described as a high-powered rifle so it may have had one.


26 posted on 01/20/2007 5:00:36 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: PSYCHO-FREEP

I took gun safety classes at 12 or 13 I think, I grew up around rifles, shotguns mostly. couldn't hit a damn thing if I tried... but I scared a lot of game.


27 posted on 01/20/2007 5:03:12 PM PST by NormsRevenge (Semper Fi ...... California 2007,, Where's a script re-write guy when ya need 'em?)
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To: NormsRevenge

My dad gave me a 22 single fire Mossberg at the age of 6. He trained me carefully and made certain that I did not point it at anything that I did not intend to kill. That rule applied wether the rifle was loaded or not.

I shot countless thousands of rounds and graduated to the high power class by the age of 12.

After I went into the service, it was needless to say how well I qualified in Basic Rifle Marxmanship. I owe my lif to my Dad. That shooting ability kept me alive in Vietnam.


28 posted on 01/20/2007 5:07:39 PM PST by PSYCHO-FREEP (Show me a 'true' Conservative and I'll show you someone with bad knees)
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To: NormsRevenge

Just because a child is designated Special Ed...Does NOT mean he/she lacks the ability to rationalize or have good judgement...It depends on the child's disability.

The youth mentioned can write and is articulate enough to speak to an audience.


29 posted on 01/20/2007 5:12:59 PM PST by Goldie Lurks (professional moonbat catcher)
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To: NormsRevenge
"I killed a man that day, and nobody knows how it feels,"

Aw, isn't that sweet? Such a dear.

30 posted on 01/20/2007 6:53:05 PM PST by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: NormsRevenge
""I killed a man that day, and nobody knows how it feels," the youth said"

Gary Marcy does.

31 posted on 01/20/2007 7:42:10 PM PST by Redbob
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To: NormsRevenge

Special ed killer?
Lock him up for the max.

This is probably the biggest accomplishment of his life. Worthless scum.


32 posted on 01/20/2007 11:46:25 PM PST by Bon mots
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To: LtdGovt
I am actually friends with the kid that did this. He is a good friend of mine and i go to school with him. Yes he did a bad thing but you people talk about him like he's retarded, well guess what your wrong. He is one of the sweetest guys you will ever meet. He feels terrible about what he did, i’ve talked with him about what he did. Dont say its a disgrace, this is something that will follow him forever. When he applies for college, jobs, everything. When you meet him, and get to know the real him repost your comment on it. If you dont know him dont talk about him. Im not going to say that what he did was excusable, it certanly isnt. Maybe people should think about how it is to be him.
33 posted on 09/19/2008 8:52:04 PM PDT by MelsMilitia
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To: CremeSaver

I guarantee you if he had shot a cat, the sentence would be a lot stiffer.


34 posted on 09/19/2008 9:01:36 PM PDT by Kozak (Anti Shahada: There is no god named Allah, and Muhammed is a false prophet)
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To: MelsMilitia
Maybe people should think about how it is to be him.

Boo hoo.

Maybe what people are thinking about is the dead man and his family, and not the hurt feelings of guilt of your buddy. Maybe they think 30 days and an essay aren't enough compensation for them and society.

35 posted on 09/19/2008 9:29:23 PM PDT by LexBaird (Behold, thou hast drinken of the Aide of Kool, and are lost unto Men.)
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To: MelsMilitia

“I am actually friends with the kid that did this.”

Hmmm. Welcome to Free Republic.

The Speical Ed kid writes better than you do.


36 posted on 09/19/2008 9:54:28 PM PDT by PLMerite ("Unarmed, one can only flee from Evil. But Evil isn't overcome by fleeing from it." Jeff Cooper)
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To: PLMerite; MelsMilitia

snif,,,snif,snif,,,snifsnifsnif...


37 posted on 09/19/2008 10:25:50 PM PDT by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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