US court approves life without parole for 14-year-old
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http://ca.news.yahoo.com/life-no-parole ... 14576.html
Wisconsin's top court ruled Friday that sending a 14-year-old killer to jail without the chance of parole is not an "unduly harsh and excessive" punishment for a gruesome crime.
Omer Ninham is one of more than 2,200 US teens sentenced to life in jail without parole after they were prosecuted as adults, according to the Equal Justice Initiative.
Some 73 of those cases involved children aged 13 or 14 at the time of the crime.
In what the court described as a "horrific and senseless crime," Ninham was convicted of picking a fight with a 13-year-old boy who was riding home on his bike in Green Bay, Wisconsin.
Ninham and a group of four other teens did not know Zong Vang, a Hmong immigrant, but just decided to "mess with this kid" in September 1998, court records showed.
They beat him and chased him up the ramp of a nearby parking garage, where Ninham and a 13-year-old boy beat Vang some more then grabbed him by the ankles and wrists, swung him back and forth over the edge, and let go.
A bystander testified that Vang's 45-foot fall sounded like "a bag of wet cement hitting the pavement."
"Under the circumstances of this case, Ninham's punishment is severe, but it is not disproportionately so," Judge Annette Ziegler wrote in the 5-2 decision.
"We conclude that his sentence of life imprisonment without the possibility of parole is not unduly harsh and excessive."
Ninham's lawyers vowed to appeal the decision to the US Supreme Court on the basis that it violates constitutional prohibitions against cruel and unusual punishment.
"To say to any child of 14 -- or 10 -- that you are beyond hope, beyond any chance of redemption or rehabilitation is cruel," said Bryan Stevenson, executive director of the Equal Justice Initiative.
"The United States is the only country in the world to sentence children to die in prison."
The US Supreme Court ruled last year that sentencing juveniles to life without parole for non-homicide cases is unconstitutional.
Under Wisconsin law, juveniles aged 10 or older can be tried as adults if they are accused of homicide and face a mandatory life sentence if convicted.
It is up to a judge to decide if parole will be a possibility.
Ninham's lawyers urged clemency based on his age and troubled life -- he came from an extremely dysfunctional family and had been getting drunk to the point of passing out nearly every day sine grade school and snorting cocaine on a weekly basis.
The circuit court judge described Ninham as "a frightening young man" and said his problems were no excuse because he was "a child of the street who knew what he was doing."
Now 26, Ninham petitioned the court to modify his sentence, arguing that young teens ought to be treated differently than adults and that the sentence violates constitutional bans on cruel and unusual punishment.
The state court concluded the punishment was "not categorically unconstitutional" and that Ninham "has failed to demonstrate that there is a national consensus against sentencing a 14-year-old to life imprisonment without parole when the crime is intentional homicide."
Wisconsin's top court ruled Friday that sending a 14-year-old killer to jail without the chance of parole is not an "unduly harsh and excessive" punishment for a gruesome crime.
Omer Ninham is one of more than 2,200 US teens sentenced to life in jail without parole after they were prosecuted as adults, according to the Equal Justice Initiative.
Some 73 of those cases involved children aged 13 or 14 at the time of the crime.
In what the court described as a "horrific and senseless crime," Ninham was convicted of picking a fight with a 13-year-old boy who was riding home on his bike in Green Bay, Wisconsin.
Ninham and a group of four other teens did not know Zong Vang, a Hmong immigrant, but just decided to "mess with this kid" in September 1998, court records showed.
They beat him and chased him up the ramp of a nearby parking garage, where Ninham and a 13-year-old boy beat Vang some more then grabbed him by the ankles and wrists, swung him back and forth over the edge, and let go.
A bystander testified that Vang's 45-foot fall sounded like "a bag of wet cement hitting the pavement."
"Under the circumstances of this case, Ninham's punishment is severe, but it is not disproportionately so," Judge Annette Ziegler wrote in the 5-2 decision.
"We conclude that his sentence of life imprisonment without the possibility of parole is not unduly harsh and excessive."
Ninham's lawyers vowed to appeal the decision to the US Supreme Court on the basis that it violates constitutional prohibitions against cruel and unusual punishment.
"To say to any child of 14 -- or 10 -- that you are beyond hope, beyond any chance of redemption or rehabilitation is cruel," said Bryan Stevenson, executive director of the Equal Justice Initiative.
"The United States is the only country in the world to sentence children to die in prison."
The US Supreme Court ruled last year that sentencing juveniles to life without parole for non-homicide cases is unconstitutional.
Under Wisconsin law, juveniles aged 10 or older can be tried as adults if they are accused of homicide and face a mandatory life sentence if convicted.
It is up to a judge to decide if parole will be a possibility.
Ninham's lawyers urged clemency based on his age and troubled life -- he came from an extremely dysfunctional family and had been getting drunk to the point of passing out nearly every day sine grade school and snorting cocaine on a weekly basis.
The circuit court judge described Ninham as "a frightening young man" and said his problems were no excuse because he was "a child of the street who knew what he was doing."
Now 26, Ninham petitioned the court to modify his sentence, arguing that young teens ought to be treated differently than adults and that the sentence violates constitutional bans on cruel and unusual punishment.
The state court concluded the punishment was "not categorically unconstitutional" and that Ninham "has failed to demonstrate that there is a national consensus against sentencing a 14-year-old to life imprisonment without parole when the crime is intentional homicide."
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Comments
if he walked on this charge at 14 years old. it is what it is.
Godfather.
This is a tough case. In my mind 14 is old enough to know right from wrong, at least on this level. A little kid I could see cutting some slack, but a 14 year old should know better than to drop somebody off a building to his death. At least they aren't giving him the death penalty.
Godfather.
Where has the murdering piece of garbage spent the last 12 years????
Till there aint nothing left worth taking away from me.....
Interesting.
and in horrible crimes,or terorism crimes,or serial killers we have death panalty,but it means real life in prison
so cant never go out...
if i was a jugde and the law alloud it,ill give a 10 year penalty to the kids parents
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I agree
1998: Barrie
2000: Montreal, Toronto, Auburn Hills
2003: Cleveland, Buffalo, Toronto, Montreal
2004: Boston X2, Grand Rapids
2005: Kitchener, London, Hamilton, Montreal, Ottawa, Toronto
2006: Toronto X2
2009: Toronto
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2012: Manchester X2, Amsterdam X2, Prague, Berlin X2, Philadelphia, Missoula
2013: Pittsburg, Buffalo
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2024: New York X2
A minor is a minor. An adult is an adult. If the U.S. courts truly believe that a 14 year old should be held to the same standards as a full fledged adult and want to start sentencing children to life terms in prison then they should change the laws to lower the legal age. This "tried as an adult" nonsense is ridiculous.
By far the most disturbing part of this story is the fact that they U.S. can somehow lock a 10 year old up for the rest of his or her life. As a father of a 9 year old girl this has inspired me to write my congressman.
Obviously I teach my daughter right from wrong. But despite the fact that she is extremely bright, she's nine years old. She will be ten in one month....and she is nowhere near being an adult. No child of that age is. The fact that they could be tried as adults fills me with anger and disgust for this country.
In England the age of criminal responsibility is 10 or above. On the other hand, the age of sexual consent is 16 and above. So, as far as the law is concerned, if you are 10 or above then you are responsible for your actions. On the other hand, if you are younger than 16 and decide to have sex with someone then you are not responsible for your actions, because you are not old enough to know what you're doing.
If someone can explain this logic for me, I'll be grateful. But when it comes to 'minors' and what they are, or are not responsible for, it seems to me like the law is somewhat absurd.
Though I do agree with an earlier poster that the parents should be punished for crimes like these. If your 10 year old, or 14 year old kills someone, then some of the punishment should fall on the parents.
I try to put myself in the shoes of the victims family. They sent their son to the store to get some tomatoes, and he never came home because some little douchebags decided to beat him up and toss him off the 5th floor of a parking garage. I know it is important to consider the rights of the defendant, but as Dirty Harry once said "What about the rights of that little girl?". Or little boy in this case. As the witness said, it sounded like a sack of wet concrete hitting the pavement. I'm pretty sure his rights were violated, and it isn't like they are trying to toss the defendant off a parking garage in retribution.
I think back to when I was 14, I wasn't exactly some little kid, I was a freshman in high school. I knew right from wrong, and I'm pretty sure everybody else I knew was smart enough to know not to kill somebody. It's not like a little kid who doesn't understand that once you kill somebody they aren't coming back. There was something really wrong with this young man to do what he did.
As for punishing the parents, I don't know about that, or what role his upbringing had in turning the kid into a murderer. Growing up I knew a few bad apples that were bad in spite of parents trying to raise them correctly. Some kids rebel, and are bad BECAUSE their parents try to make them act right. If some kid turns out to be a bad apple, it would certainly be unfair to punish the parents for it. And I bet there would be an article posted here and a debate over how wrong that is. If you start punishing parents for what their kids do, can you imagine the way parents would start raising their kids? I know I would probably never let my kid go outside for fear of being brought up on some kind of charges. Some lessons you have to let them learn on their own, and this young man (not so young anymore) is learning a tough lesson. But he should have thought about what he was doing before he dumped that poor kid off the parking garage.
The bottom line is that the young man went out and committed a big boy crime, and now he is getting a big boy punishment. He could have avoided the whole thing by not acting like a dickhead and tossing the kid 5 floors to his death. A 14 year old might not be completely developed, but should know better than to commit murder. I would put my foot down at the death penalty, but life in prison I can see. Would I personally have given that sentence? I don't know, probably not. But I am not a judge, and decisions like that are the reason I have not pursued it as a career. That and the robes.
He should absolutely be held accountable for his crime. But I think as in most situations, that children should be held LESS accountable for their actions than adults. Adults are held to a higher standard for a reason. It makes no goddamn sense to "bend" the law to circumvent that sound reasoning.
Well, it is a matter of opinion. It might not make sense to you, but it does to some. And there are more factors than just, he's only 14. Judges take a lot of different things into account when passing judgement, that's why we have them. The character and actions of the kid before, during and after the crime were taken into account.
I just read the actual judgment from the case, and it is a little bit more telling as to why he got such a harsh sentence. Up until his sentencing a few years later, he was still acting like a bad apple. He was charged with 3 counts of witness intimidation and 1 count of threatening a judge. By that point he was almost 17 and allegedly threatening to kill those who testified against him (a rape threat for one as well), and the judge. I say allegedly because they never convicted him of those charges, they ended up dropping them as part of a plea bargain, and because really all they needed was the first degree murder and physical harm to a child charges to put him away.
Until the day he was sentenced he never admitted to the crime, was combative in court, threatened the judge and the witnesses, and apparently learned no lesson at all. Maybe if he had come into the courtroom and admitted what he had done was wrong, that the gravity of the situation was evident to him now but not then, then he may have been given some slack. Instead he changed his story about how the kid died (first blaming his friends, then saying that some adults tossed the kid off the roof because he had stolen their hood ornament) and continued to behave like a criminal, showing no remorse. They also cited various other misconduct from behind bars, but didn't elaborate.
If he didn't learn his lesson after killing the kid, if it didn't become real to him then, he has problems.
He deserves punishment, no doubt. A very stern punishment. But not cruel or unusual punishment. Not life without parole when he was just a young boy at the time he committed the crime. Come on. 14 fucking years old. It's hard for me to believe this is even a debate. The judge got this one wrong. No doubt in my mind.
Can someone explain to me the logic that a child as young as 10 years old can be tried as an adult in this country? That is a serious flaw. Just absolutely absurd.
Fair enough. Though I still think life seems a bit extreme. Ten years would probably be enough In my opinion, depending on how he behaved during his time in the can.
Well, they aren't locking up all kids without possibility of parole. The other kid in the same murder case has the possibility of parole. The reason being he expressed remorse, admitted to his wrong-doing, and unlike Omer, he didn't threaten a judge and witnesses. Omer may have been a kid when he committed the crime, but in the years afterward he continued to misbehave, and as an adult seems to have remorse only for the fact that he got such a harsh sentence.
When the judge passed this sentence he took into account his behavior as he grew older. It wasn't just "kid kills kid, kid goes to jail for life". There were pre-trial investigations, consideration of how Omer continued to behave, etc. I can understand cutting a kid some slack, but he doesn't appear to have learned any lesson. If he would have said "I fucked up, what I did was wrong, I'm sorry" he might not have gotten life without parole.
I see what you're saying, and I certainly don't advocate putting all kids on trial as adults, or such harsh sentences. But it looks to me like this guy is just a sociopath. The other kid did himself a favor and showed remorse, owned up to what he did, and received some leniency as a result. Omer did not. Hell, he even tried to accuse the dead kid of being a criminal himself and accused some adults of tossing him off the roof for stealing a hood ornament.
The sentence is a bit harsh, they even admit that. But I honestly don't know what you do with a person like that. I'm not going to pretend like I have a better idea on how this should be handled. When I read stories like this I'm just relieved that I'm not in a position where I have to rule on such matters. The judge has a lot to consider, not the least of which is the family of the victim, or what this person would do if/when released. But I think it is important to distinguish that the punishment is not solely based on the crime of a 14 year old kid, but also on his continued behavior, after he was no longer just 14, but as somebody who was just a few months shy of being an adult under Wisconsin law.
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Nobody here's saying the killer should get off scott free.
He should be punished. But is life imprisonment right for someone of his age?
And you can imagine the same scenerio with regards to an adult committing the same crime...but should the death penalty then be applied?
My opinion is that no matter how dispicable the crime, we should rise above it if we have any pretence to a higher form of morality and/or justice. We should never allow ourselves to be dragged down to the same level as these scumbags. And the test of our supposed loftier morality comes in the face of the sickest of crimes.
There's not a day goes by I don't feel regret. Not because I'm in here, or because you think I should. I look back on the way I was then: a young, stupid kid who committed that terrible crime. I want to talk to him. I want to try and talk some sense to him, tell him the way things are. But I can't. That kid's long gone and this old man is all that's left. I got to live with that. Rehabilitated? It's just a bullshit word. So you go on and stamp your form, sonny, and stop wasting my time. Because to tell you the truth, I don't give a shit.
+1
Maybe the kindest thing IS in fact to lock him up for life.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
But beating a person senselessly and throwing him off a building? If you don't know at 14 there's something wrong with that, you parents definitely failed big time. However, the sentencing issue makes me have mixed feelings... Perhaps they are too young to know and undergo the punishments or consequences of an adult, but were evidently old enough to carry out a gruesome crime like that... and makes me feel as though they deserve severe punishment for their actions.
(so do you, i'm assuming, from your name and avatar lol)
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+2
1998: Barrie
2000: Montreal, Toronto, Auburn Hills
2003: Cleveland, Buffalo, Toronto, Montreal
2004: Boston X2, Grand Rapids
2005: Kitchener, London, Hamilton, Montreal, Ottawa, Toronto
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2023: Chicago X2
2024: New York X2
The point here is that at only 14 years old, none of us knew what we know now. The jumps in maturity, physically, emotionally, spiritually etc., are astounding between even a 14 year old and 18 year old. This is why we have a juvenile court system. To completely circumvent that sound logic is absurd. I would argue that it is criminal.
I agree with a previous post that I am not who I was at 14. Not even close. And not what I was at 18 or 25 etc. We learn, we grow, we mature. Society has set the "legal age" at 18, right? So if that's the consensus, let's stop locking kids up as if they were adults. Lock them up as kids for what they are and follow the guidelines we setup to handle things like this when kids break the law.
It's mind-boggling to me. Trying a child as an adult makes as little sense as trying the police in the Rodney King beating as if they were black. The offender is either a child or an adult. At 14 years old, he was clearly a child. Let's not pick and choose when it suits one group's agenda.
I don't know about everyone else.... But at 14 years old, as immature as I might have been compared to now, I'd know it was WRONG to beat up a person and throw them off a 5 story parkade....