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."
Bill O'Reilly should go postal on TV over this article.
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.
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Condolences to all affected by a reckless act.
This is NUTS!
And We Know He Must Be Serious, For He Is Not Using Contractions.
When they outlaw guns in the hands of special education 14 year-old kids... I'll feel a little safer.
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.
Spank him!
Our courts have made human life very cheap in this country, between light sentences for killing fellow humans to abortion. How very sad.
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.
>>>>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
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.
The dangers of guns?? Great, maybe follow up with the dangers of kitchen knives and SUV's.
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.
Well that ought to teach him!
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
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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.
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