GUILTY OK - Christopher Lane, 22, Australian, slain in thrill killing, Duncan, 16 Aug 2013

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  • #281
  • #282
  • #283
Angel, maybe this helps make it muddier? :biggrin: Actually, it sort of explains it a little bit...

Stephens County District Attorney Jason Hicks said the following snippet below.

www.duncanbanner.com/duncanbanner/db_293436/contentdetail.htm?contentguid=tHKG0g3J

Snipped:
Chancey Allen Luna, 16, and James Edwards Jr., 15, are charged with first-degree murder, will be tried as adults. They could face up to life in prison without parole if convicted, but because of their ages, they cannot be sentenced to death.
Michael Dewayne Jones, 17, was charged with use of a vehicle in the discharge of weapon and accessory to murder after the fact.
Jones could be subject to youthful offender provisions in Oklahoma law during any sentencing phase, but will be treated as an adult until that stage and could still be sentenced up to 45 years in prison.
Jones was the only teen who cooperated with authorities, but Hicks said he still would seek to have him sentenced as an adult if convicted.
Stephens County Special District Judge Jerry Herberger ordered Luna and Edwards held without bond and set bond at $1 million for Jones.
 
  • #284
  • #285
Jersey*Girl said:
Angel, maybe this helps make it muddier? :biggrin: Actually, it sort of explains it a little bit...

Stephens County District Attorney Jason Hicks said the following snippet below.

www.duncanbanner.com/duncanbanner/db_293436/contentdetail.htm?contentguid=tHKG0g3J

Snipped:
Chancey Allen Luna, 16, and James Edwards Jr., 15, are charged with first-degree murder, will be tried as adults. They could face up to life in prison without parole if convicted, but because of their ages, they cannot be sentenced to death.
Michael Dewayne Jones, 17, was charged with use of a vehicle in the discharge of weapon and accessory to murder after the fact.
Jones could be subject to youthful offender provisions in Oklahoma law during any sentencing phase, but will be treated as an adult until that stage and could still be sentenced up to 45 years in prison.
Jones was the only teen who cooperated with authorities, but Hicks said he still would seek to have him sentenced as an adult if convicted.
Stephens County Special District Judge Jerry Herberger ordered Luna and Edwards held without bond and set bond at $1 million for Jones.
Click to expand...

And that source is also wrong - they don't face life without parole, SCOTUS ruled that unconstitutional for under 18s even if tried as adults some time last year.
 
  • #286
Cappuccino said:
And that source is also wrong - they don't face life without parole, SCOTUS ruled that unconstitutional for under 18s even if tried as adults some time last year.
Click to expand...

Cap, their source is the District Attorney. The Duncan Banner interviewed him personally. They have photos and everything, were in the courtroom when everything was being said.
 
  • #287
Jersey*Girl said:
Cap, their source is the District Attorney. The Duncan Banner interviewed him personally. They have photos and everything, were in the courtroom when everything was being said.
Click to expand...

That's very concerning, because that means the District Attorney is wrong. Here, I'll go and find a link so nobody thinks I dream up imaginary Supreme Court rulings. :scared:
 
  • #288
Jersey*Girl said:
Listen to this chick... I understand emotions are running high but for real - why the he!! is she freakishly yelling I'LL KILL YA'LL? I mean seriously now? Isn't this case dreadful enough? There no excuse for that, the kids were just charged with murder! Also, a couple mothers are shown. One mother is crying so hard - my heart is breaking. Jesus...

This video is taken from ABC/CNN...

Teens charged with murder of Australian baseballer Chris Lane - YouTube
Click to expand...

The one who yelled "I'll kill ya'll" should be charged with making a terrorist threat. :twocents:
 
  • #289
Where does that come from, that arrogance of James Edwards? I don't know how a 15 year old could be that completely arrogant that he is dancing around in the courthouse parking lot while being arrested.

As much pain as Lane's dear family and friends must be feeling, I'd rather be in their place than in the places of the family of these thugs.

Looking at the pain in Edward's senior's face, Jennifer Luna's heartbreak, the sister's heartbreak, are these boys so dead inside that it doesn't bother them that they've broken their parent's hearts and ruined their parent's lives? Will they ever "get it"?

On the other hand, interesting that Edwards made sure - even during a murder spree - that he kept his probation appointment. So on some level in there beneath his crust he did care whether he goes to jail or not.

Awful, awful story.
 
  • #290
Mea culpa, I remembered the SCOTUS ruling a bit wrong - they struck down mandatory sentences of LWOP for under 18s.

http://www.csmonitor.com/USA/Justic...t-bars-mandatory-life-sentences-for-juveniles

In a major decision issued Monday, the US Supreme Court struck down mandatory sentencing schemes requiring juvenile defendants to serve life in prison without the possibility of parole.

Voting 5 to 4, the high court declared that automatically sentencing someone so young to a lifetime behind bars – with no future prospect than to die in prison – is cruel and unusual punishment in violation of the Constitution’s Eighth Amendment.
Click to expand...
 
  • #291
Cappuccino said:
That's very concerning, because that means the District Attorney is wrong. Here, I'll go and find a link so nobody thinks I dream up imaginary Supreme Court rulings. :scared:
Click to expand...

I totally believe you and I read all of the links Angel posted as well. They're all so very informative! I'm wondering if it depends on the kid if he has priors, and if he's being tried as an adult.

There's still a chance some kind of agreement can take him to juvey instead of being tried as an adult. Even though the DA says he's trying him as an adult, he still could change his mind in exchange for testimony. For instance, Mr Johnson who was afraid they were going to kill his son, went on record saying they're part of the Crips gang and were trying to recruit his son. In exchange for names and intel, I wonder if some kind of settlement could be reached. The whole town and surrounding area of Duncan are totally affected by this horrible murder. It's rocked their entire community. I'd think the DA would seek more info regarding their affiliates in the area.
 
  • #292
  • #293
AngelWings444 said:
The one who yelled "I'll kill ya'll" should be charged with making a terrorist threat. :twocents:
Click to expand...

Totally agree. A the least give h a warning, document, something. I still feel terrible for her though. She seems to be under such a great amount of distress. She was protecting her mom bc the media wouldn't get their cameras out of her mother's face.
 
  • #294
Jersey*Girl said:
I totally believe you and I read all of the links Angel posted as well. They're all so very informative! I'm wondering if it depends on the kid if he has priors, and if he's being tried as an adult.

There's still a chance some kind of agreement can take him to juvey instead of being tried as an adult. Even though the DA says he's trying him as an adult, he still could change his mind in exchange for testimony. For instance, Mr Johnson who was afraid they were going to kill his son, went on record saying they're part of the Crips gang and were trying to recruit his son. In exchange for names and intel, I wonder if some kind of settlement could be reached. The whole town and surrounding area of Duncan are totally affected by this horrible murder. It's rocked their entire community. I'd think the DA would seek more info regarding their affiliates in the area.
Click to expand...

It might also be an option with the younger two. If they're allowed, as per that SCOTUS ruling, to present mitigating factors to avoid LWOP it would also be in their interests to co-operate, plead guilty, show remorse, and give information about gang associates to the authorities.
 
  • #295
Cappuccino said:
It might also be an option with the younger two. If they're allowed, as per that SCOTUS ruling, to present mitigating factors to avoid LWOP it would also be in their interests to co-operate, plead guilty, show remorse, and give information about gang associates to the authorities.
Click to expand...

Exactly...except as per SCOTUS they take everything into consideration - their grades and attendance in school, criminal and juvenile history, the type of friends they surround their self with, job history and type of training they have, etc etc etc. I'm not seeing the 15 & 16 year olds as being tried as juvies. The DA seems pretty adamant about having them charged and tried as adults.

Oooooh, I thought once charged as an adult, you cannot be charged as a juvenile. I'm sure I read that. Or maybe it was once you're tried as an adult you can't be tried as a juvenile?
 
  • #296
I think there's no doubt at this stage that they'll be tried as adults, the younger two anyway. But if you read the SCOTUS ruling, under 18s tried as adults are allowed to present mitigating factors against the imposition of LWOP, even where that's the mandatory sentence for the crime they've committed. So unlike two adults who committed this type of crime, they still do have a chance to retain some hope of being free men again in the future, even if convicted.

Depends on the mitigating factors they can produce, I suppose. I can see one with the 16 year old, (he recently lost his dad in a motorcycle accident), but who knows.
 
  • #297
Because I don't want a TO and I love your country in general, I will just stick to expressing my sorrow for the victim and his loved ones.

RIP Chris. You were loved, are loved and won't be forgotten. The great life you were on track to lead will inspire all that knew and loved you and many, many more that did not.
 
  • #298
Jersey*Girl said:
Listen to this chick... I understand emotions are running high but for real - why the he!! is she freakishly yelling I'LL KILL YA'LL?
Click to expand...

And the Aussies are saying the problem is American laws.

Yuppers. Obviously that is the main problem.:facepalm:
 
  • #299
  • #300
If Edwards was already on juvie probation this might have been avoided if they'd put him in a correctional facility for his full sentence instead of fooling around with probation and the other things they do, especially if they knew he was in a gang.
 
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