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decide what that was your Clark I believe so I think she was waiting for the letter CMS right trip right you have cellphones please make sure their offer your cell phone all right sir good afternoon your honor we are here today in the matter of Jamari and Bob Moore president in courtroom would you Marian today mrs. mother Daniel amar his attorney Charles boogaloo is starting ad litem Judith's risk ovitch prosecutor Vicki sidle also present today are the parents of the victim in this matter Jared and Danielle for Kirky as well as brother his brother Cameron Cory this is the tiny place for a disposition slash sentencing in this matter close at least for 2015 you are a long one we were the vision horrible that applies to a sentencing / dispositional hearing in a designated case like this has a case meaning that you know was devastated to be was in this case castano vision or oh three point nine five five a particular court rule lists a number of factors six to be specific for the court to consider fashion what an appropriate disposition or sentencing would be in this case I'll spare everyone reading of each factor because we're going to be talking about in depth and it's all set forth in the court of rule the law is that in deciding whatever program is petitioner sentencing should be the court should consider all six of those two factors but court is to be able greater weight to two factors first the seriousness of the events and secondly the journals prior record under the court rule there is a presumption that journal disposition should be headed unless prosecuting attorney shows by terms of the efforts that is that it is more likely than not based on the six criteria it would be in the best interest of the public to sentence the juvenile as an adult I've gotten briefing from both sides of the case but I'd now like to give each side an opportunity to make whatever arguments bakelite on the applicability of factors etc and decide a certainty on behalf thank you your honor that with respect to our position on this matter we are asking that the court impose an adult sentence but delay obviously imposition of that ie do a blended sentence in this matter it's completely our position that a juvenile disposition in this case one would not fit the criteria of the factors that the court should consider and second of all it would preclude the court from a number of options that you have at your disposal for the next number of years while we determine while you determine whether or not the defendant can be rehabilitated in this matter so that's our basic premise on that your honor with respect to I'll go briefly over why we have that position in fact one of the first factors the courts consider is the seriousness of the offense you cannot get more serious than what happened here now here there is also a negative you're supposed to consider it aggravating factors I would submit that under ovie one the use of a weapon in this case a knife talks about of cutting is an aggravating factor so we have that in addition your honor under ovv four and what I'm saying / yump ah pilla offense variables for clarification is the effect the psychological effect it has on the victims or the victim's family and obviously we had testimony you saw the brother armed in this case clearly affected along with his parents of course by this matter so we would submit that that factor completely weighs in favor of an adult sentence or with and in this case your honor the second thing that you look at is whether I planned out this was our position is that it's going to find the testimony was that he planned for a year to kill somebody and he did it and he took a knife walked onto a park met up with the kid out of the way to the park hid the knife to pusher it off all those factors that went into it show us how pre-planned this matter was with respect to him we had also submit with that factor under ovie 10 teach other vulnerable victim he chose a young kid and he also chose that child and at the time when the child was in his most vulnerable position having just come down backwards like Kenneth with his back to the back of the would be to the defendant and Crouch position when he was stabbed johner factor number three I might say it's kind of with respect to that while he has no adjudications he had limited contact with the police he however does have some other criminal activity we know for a fact from the testimony of another several people he started fires on at least two or three occasions that's arson we know they had a retail fraud we also know that he on occasion with torture mice which has also show some work torturing of animals and also that he signed his parents signature to a document so I would submit that also ease in that several other another factor would be counseling how he's been with that unfortunately counseling was not given to him so I guess that factor perhaps weighs the other way you are the main things as well with respect to this our factors five and six and that's the adequacy of the punishment new juvenile system and other options available be honored quite frankly we just do not know as we stand here today whether or not if we wait thirteen right now if we wait eight years for his 21st birthday is that sufficient I don't know we just don't know right now and it might not be he's committed a murder at the age of twelve it's going to take an awful lot for him to be rehabilitated if he ever can be and so in our position the juvenile system just by itself felt something possibly hanging over his head is just insufficient to take care of this matter and I'm not saying that at some point you don't just say okay you get released without go into prison but that option has to be there in cases conduct in the future shows you clearly is not subject to rehabilitation now for those reasons then we submit that the factors in this case weigh in favor of that your honor it should you just as I stated before choose a juvenile option in this he can get released to the public by age 21 and perhaps under the facts of this case and circumstances that has exist later that's just not a good idea that you would not be able to protect society from the defendant in this matter so by imposing an adult and delaying it it clearly gives you options down the road in this case so therefore that's their request with that honor would you also like I said with the sentencing well unless you have any other questions for me and regarding the movie assemblers as you know people in this case file motion under Section requested the court impose and adults and life in prison without the oil that's got I gathered that your office's position gives that you file the motion which you're asking the man's as well that would be accurate your honor even and I believe in the motion we've indicated that we know that we don't even ask that this be that motion be heard or that notice for years it may never be heard but I don't think at this point we should be precluded as you know I think the law did the law required that we would file that within 21 days of a conviction so we filed it we have no intention of necessarily standing before you today saying we want life without parole once again however for the same reasons I don't want I want you to have all options available for sentencing at some point our office would like to protect its interest and perhaps asking for life without parole some day the other would you also like this you also had us briefed the issue of whether or not you thought you had a set it time do you want me to discuss that issue as well okay thank you your honor we would submit that you do not have to tell as we stand here today should you impose an adult sentence of a delay that you don't have to set a specific term of years as to what you can do in this this matter I think the law and gave you some sites that's enough yes it's not beggars no but I can however I can I can say that the written to me it clearly indicates that it is a situation where you're taking into consideration if you have to send someone later that you can take into account a number of factors when you do the sentence in your honor actually which kind of interesting in this particular case is as the Court of Appeals specifically has said recently that matter of whether you get life without parole is an issue for the jury to decide so we work here before you right now with what I consider three major options what for our guests but three options in terms of what could be done in this case and which is why I don't think you have to do a term of whatever it is you might choose to do today or in the future for the same reason I said otherwise you'll be precluded from all the options that exist obviously you could do a straight juvenile in this case and then no matter what to be released at least prior to his 21st birthday on a 21st birthday my-my-my a question that I think I said for the new order is really one simply statutory construction of a point 18 once and it says quote the court may delay imposing the sentence of imprisonment or dissipation or period longer than etcetera etcetera I guess my question is whether when the legislature uses the term sentence of imprisonment that necessarily implies a specific sentence with a minimum and maximum or whether that simply means generically if the court ever imposes a sentence of imprisonment down the row and and I read what you buy out and you've got some unpublished decisions that you argue implicitly seem to suggest that that's okay you would agree the deceit by any law enforcer the issues not on point We certainly have tried to research the issue we do rely on some other the other language because it also says you know blade imposition of sentence it doesn't say of these sentence and it also later says to the court if you delay in position and the sentence make sure just exactly which for you judge it says if you delay sentence of that a sentence later it talks about if you later impose a sentence it can't be greater than the maximum of the sentence that could have been imposed at the time I don't if they're saying that that implies to me that you have the opportunity of sentencing what - it could have been at the original time because that's what the rest of the statute plain language of the statute says minimum/maximum in this case which is something I'm not sure but receiving for the minimum maximum term in this context that's correct so you would agree that in many ways a future possible prison sentence the court may well be handcuffed would be here because while the pre-sentence report offer for adult probation not rung guidelines it appear to be his suggestion that even if he applied which with all the variables me apply you will probably not exceed mandatory minimum of 25 years correct I think that would be best all the statute which I also quote in here as well as under the statute for if you're sentencing somebody who is under the age of 18 at the time they committed the crime under a first-degree murder that yes the statute says 25 to 40 in that range and no greater than 60 an angel was no less yes I'm sorry yes sir it's a to the 60 and then so that's how that statute reads and so granted it's there's a statutory pardon here but then there also is even under the US Supreme Court case of Miller when they said that you can't automatically do a life without parole to anyone under 18 that you have to have a hearing on that matter at some point if you can chat if you decide to do life without parole that also complicates this case and it really got complicated with the recent Court of Appeals decision which would actually take that decision out of your hands and give it to a jury instances like this I'm sure but the the position that your office is taken which is let's wait and see filed the motion but let's wait and see what happens necessarily means that I would have to convene a new jury people who did not hear tribal discuss people who would not know anything about this case does your office envision that if you ever asked me to do that that we would essentially retry the entire case Your Honor as what I'm hoping actually that that law gets changed by the time the issue may come back up but quite frankly your honor that's what the situation that the state of Michigan finds itself in right now anyway they're trying to find out if those cases go retro Act if that were decisions it exactly and what the point on that is is we do have some people presently from Kent County who are convicted of first-degree murder they're under the age of 18 at the time who are serving life without parole some of them have been in there for years decades I guess under what they have envisioned us to have to do if that's they say we have to do it then perhaps we do have to convene a jury for every one of those cases process requirements as as a guilt phase trial might but in fact we can't very well convene twelve people and said you don't know anything about this but most presents of aggravating may in fact correct burden and so once again I just suppose any respect any other questions of what my head I do you have an answer poke a little bit start with the second part first because it might understood more each share the people view the delayed sentence of imprisonment does in fact mean that the court need not render a specific person sentence today that rather can't wait until and unless someone asks the court to emotional sessions every or if the court sua spot they would do so but yes I think that's right my reading of the statute specifically I think is subsection nine says allowing the court to impose any of the penalty it could have imposed immediately presupposes that there's discretion there at least that's the way I take I take it otherwise I don't think they would have used the word could have I always otherwise they would just say impose the sentence that that was arrived at at the sentencing hearing at least that's why reading and I suspect that that's their tenth well are your heart the mentally ill statute no no I'm talking about a sub section 9 of the sentencing statute hi specifically 712 a point 89 subsection 9 you're talking about I yes yes I'm sorry I was I'm talking about M because M M is the is the statute that deals specifically with a blended sentence I comes into play if the court adopts a blended sentence I'm really focusing on the language in in M above delaying a sentence of imprisonment and whether that necessarily implies that I will have already determined a prison sentence and then what already have determined it therefore if I'm Ashley are you imposing it's already been determined as opposed to the people's argument which seems to be why wouldn't you wait to judge because you'll then have the benefit of whatever time lapses between now and the time never asked me to impose the sentence do you agree with them on that issue I do and I think mainly because there's nothing in the statute that uses the term blended sentence it doesn't it talks about delaying the imposition of and we see and we called it the delay of the imposition we call it a blended sentence because it seems to make it it's better shorthand for us I guess but the point is I think M really is it different than I under ploy either way you're delaying imposition of an adult sentence whether you consider it a sentence you're ready to impose if you're delaying it thing about I need your position on okay do you believe that today I should be calculating and imposing an adult sentence but order that it be delayed unless and until there comes a time when I asked Ashley imposing or you believe that I should not help you late anything today at some point in the future that people then say hey hypothetically he just committed motivation violation we're now asking you don't post that sounds judge I would run whatever the guideline calculus would be whether or not difference with these mandatory millage that's really a question I'm trying to grapple with yes your honor and I think the answer is I do believe that I do agree with the prosecution on this point okay fair enough I mean I would like to address the Packers right now well I do want to touch upon the the issue of the request for imposing a sense of life without parole I disagree with the prosecution that we can wait in ad infinitum until the end of it there was 21 to make that decision I can see delaying it for you know it there's no there's no law on it obviously it's brand-new but if we allowed to delay until 2002 Jim out is 21 what's the point of the time constraint there's there's nothing in there that that really commits them to anything until until until the end of the potential juvenile disposition I view it more as an opportunity to maybe rather like a typical adult delayed sentence of up to a year or something like that I don't think that decision needs to be made today but I don't think it should be delayed and held over his head for until he's 21 either and I don't think otherwise I don't think there would be a time limit I'm making that motion for money Caesars I am dubious as to the prosecutors position on this that they can't make a motion and then say but we'll decide when a district court chooses a drink up and especially that's nine years down the road eight years down the road seven years down the road but I also shared your view I don't think it's right and I will turn up I don't go any farther okay going back to the other issue which is the factors itself I'm not going to dispute I grew up in my brief about about the seriousness of the offense I know that's a clear factor this is the most serious offense we we've gotten in the books and with good reason obviously I would say but the the second factor acknowledging the acknowledging that there were elements that were sustained here this is not a situation where we have there's never been any allegation of evil intent or some sort of motive anything other than essentially trying to get himself killed I don't believe you know the term planning yes he used the evidence was that he used the word planning a year ago when he had moved before he moved to New York there certainly wasn't any evidence of an intricate plan here and as far as the vulnerable victim if he's really going after a vulnerable victim he probably would have chosen willing they're the boys it's this is clearly somebody who had reached his breaking point and I don't think there's any question about that here you're saying I in large part on that issue found by the jury I mean you know that they found you're applying guilty of first-degree murder and that necessarily meant that they found the elements of that crime beyond a reasonable doubt and that included liberation included you know malice aforethought and include those kinds of things I mean am I really in a position to say we have they convicted him of that but I now have the freedom to be able to say but I didn't really look at the case the same way they did no yeah I'm not suggesting that the first factor exactly the second factor I'm tie was going to talk about now that's the aggravating what might be aggravating factors and I'm suggesting that one of the things is the level of planning I don't I suggest you there wasn't a great deal of planning here it even even though the word planning was used and it certainly I'm not suggesting that the jury that there was not premeditation at this point the jury has decided that issue but with respect to the other aggravating factors it's not as clearly in favor of an adult sentences I believe the prosecution saying with respect to the third factor there's absolutely no prior record period the prosecution wants to suggest that there's arson there was there are some evidence some evidence that he lit a fire before whether that qualified as arson there has to be a lot more there she keeps talking about some mutilation some animal I don't recall any direct evidence on that point whatsoever in the trial or otherwise to support even the notion much less the reliance upon that the experts reports is that fair game that it's possibly there I think it might possibly be there I don't think there's enough there to rely upon it for this particular factor and certainly it did was there an allegation that he shoplifted I think there was there's never been an admission but the point is I don't think there's any serious issue of prior record that would render this factor being anything other than in favor of I think there is general agreement that he has never been formally adjudicated of the juvenile offense prior to this incident so my sense is that what we're really talking about is of course three goes a little beyond it says not limited to you know and then kind of opens it up etc etc so but I don't think it's indisputable that he had no prior record in fact in the pre-sentence report that was prepared I do not believe it's worth any on the prior record variable I think that was your right the fourth factor I think is clearly in favor of a juvenile disposition here I mean we're talking about an individual who's forgive me who had made numerous attempts to try and get some help there was numerous references to try and get some counseling he disclosed things through the proper authorities about prior abuse and was never meaningfully dealt with a part of that factor truly is willingness to participate meaningfully in available programming I'd submit to you that he did try and do that I don't think there's any suggestion of the u.s. until him and in the past and frankly his improvement while in detention shows his willingness to participate in inappropriate programming and even the testimony is is his improvement just in that year his evidence of potential for rehabilitation there and for program would be successful and similarly in the v vector a lot of the same things apply and I'm not going to be on that the six factor there's availability of programming I'd submit for a thirteen-year-old here the availability of programming in the juvenile system far outweighs anything that is available in the adult system for to rebuild take mr. wall harm and quite frankly I at this point we'd ask you to consider it just a straight Juvenal disposition I think most of those factors albeit one of them is not against that's serious sense of defence and that's one that you have to take more seriously as you noted at the beginning but a collection of all the factors would support a disposition of straight juvenile disposition here especially looking at the age of the defendant he's going to be involved in this it could be involved in system for up to nine years first I'm sure you can participate briefly here Russian like I'm going to give you an opportunity to dress for later I'll just Carnegie honor guard well now the first the seriousness of the offense first-degree murder is already been indicated the most serious crime that can be committed instead if this were an adult the mandatory life possibility of coral the seriousness of the defense here weighs heavily on the balance of factors already aggravating factors under the Sentencing Guidelines will likely include at least the following 50 points for premeditation 25 points would make the deep-set 95 points to the offender like 100 points because the victim was killed and arguably additional points because of all Baker and with respective impact that the enjoyment has had these surviving family members I heard the testimony at the trial it's clear the family has been broken over this I hope not irretrievably but I also suspect that we may be hearing from victims in a few minutes and I'll allow them to Highland presume to be able to fully explain or describe how this is impact them the culpability of the defendant committed the offense it seems also to assembly s defendant in the balance of factors jury did find here that he had wilfully de Lord Li with premeditation and the evidence was clear that Jamari did indicate to the network 180 Assessor that he had been planning to carry out this for a murder-suicide plan that he had for a year I don't doubt that that doesn't mean he was obsessed with this for the entirety of the year but I do believe that he we have been thinking about this and we had some post-verdict motions that I decided a few weeks ago we discussed and other were things in those motions including whether the court should give it a manslaughter instruction of giant rule was not appropriate here and part of that was because I concluded that based on that testimony it's difficult according to conclude that did not involve some premeditation or grace so what I think that also comes against the defendant overall I think the third factor it is by further one that is motion in the defendants bail and that is that he does have no prior humiliations horrible conditions he has had I'd say average to below average behavioral detention facility and getting all of this from not only trial record but also be experts reports previously the case his mother reported number of different things although some of them were clearly denied based on first-hand knowledge some day it's not a reportable to worry that into some clients of law there's no indication that I saw that they were particularly serious nature the ended suspended from school on more than one occasion he had engaged in some stealing behavior there was also some evidence though I have to say lacking details and he may have started a fire at home and possibly abused animal at some his child but the probation officer also has indicated at least an past maybe not the current loss because we just got to do it that Jamari is also shown growth and maturity since this killing occurred in August of 2014 for now a significant period of time with respect to programming history prior to the killing he had not been offered for house while in detention he participated in and benefited from council unfortunately the most reason the court is that since he was convicted of first-degree murder he has withdrawn from counseling but I am optimistic that he will be engaged after today's proceeding and after his future becomes less unknown he has stated ideations of and taken some steps towards self-harm or suicide while in juvenile detention the evidence suggests that over a period of time some of these episodes have been genuine maybe some less so but clearly counseling is important for this young man recommended punishment and program is in the juvenile system here's our commitment and see if every new phone for some number of years escaped river you phone has a section devoted to juvenile murders hi as a judge doing this work of another case with a convicted your little murderer who lives in that particular institution and in that particular Lane if you will of the facility receive revenue foam is a lockdown secure facility which will protect the safety of the community from any threat the defendant may pose the programming there is intense includes schooling includes various forms of counseling it has a tiered system where juveniles can earn privileges by abiding by the rules and lose them for failing to do so in that sense I would say it is analogous to an adult prison though clearly it's not exactly the same thing if for no other reason then the age of new vendors and the courts view Steven Berger you thought would provide adequate punishment and also provide the opportunity for to our aims grow mature further understand the damage he has done through his actions and to give the tools to make a mouse for a long time the dispositional options that are available to the court are threefold first a straight jewel dispositional sentence that could include community probation commitment to a jewel level institution or both secondly the immediate imposition of an adult prison sentence committing the Department of Corrections for placement in a prison or three a so called blended sentence the court may propose adult prison sentence and delay and imposition pending reviews of defendants behavior can progress into an institution or innovation an adult prison sentence whether imposed or delayed by the court at this time is governed by himself 712 a 118 someone sub M as dedicated to discussion I had with cited in this particular case by statute a sentence of imprisonment carries a mandatory minimum of between 25 and 40 years that means that it would be between 25 and 40 years before July even be eligible for release and a maximum of at least 60 years that is mandatory on the court that is by statute that is our legislatures decision and I'm bound to follow that if I were to impose an adult sentence either poor people a closing sentence of imprisonment or a period of design the court continues to have jurisdiction over the Juvenal if my reading of the statutes are correct that those long enough at some time to implement extensions I leave the typical age injury 17 they point to sub a that may be extended to 19-under MCO 712 8.2 a sub one and if the crime of conviction is a specified offense that includes the crime of birth or may also extend its jurisdiction 21 under MCL 7.2 a sub 4 pursuant to the delayed sentence of option the court may enter an order of disposition delaying imposition of sentence and placing the juvenile confirmation of how to appropriate conditions including any disposition available under the dispositional statute and those dispositional options include commitment to a suitable juvenile institution I also note 7.18 i1 the court may sentence the juvenile at any time during the delay to an adult sentence so it is not required for any particular time in order to do that that is what I think the law is and what I like to do now is to give victims for here and opportunity I'll let them do that however wherever I would like to do whatever there and I he is that's here are our us pictures and photographs of Jamari in space because he is now in convicted adult that's fine but if we have a gun person who is speaking today I do not a lot of photographs of his face well hi um it probably goes without saying that losing Connor has caused irreparable pain I carry every day and I miss him every day this past year I watched as my son who prior to losing Connor brought home straight a-pluses all across the board drop down to see Cindy myiasis his grades are back up but there are several studies that I've read about what happens to young children who are exposed to severe active by acts of violence and Oddie's along with my own grief keeps me up every night I feel like I constantly exist in two worlds this one and one more Connor is still here not a day goes by that I don't magic what do we be doing wearing what color jokes he would make that would cause me to laugh you know I pictured him sitting in that chair if he had been able to live through it but he's not there I don't often address this and I had to step out so I'm not even sure if it was brought up or not but I myself experienced abuse growing up and after I moved out just before I was 19 years old not very many people knew about it even inside of my own home and when I found out that I was pregnant with Connor I began researching how to break the cycle how to be a better parent I took classes because I never wanted any of my children to feel the way that I felt or to be touched by that so the notion that he should possibly receive a lesser sentence or any you know not as much time based on his home circumstances hurts because of my own history and I feel like it adds to the stigma of people who have been abused or have mental illness and it would be doing us a disservice financially this has caused a big mess we have spent over two five hundred dollars out-of-pocket on therapy over the last year and Cameron will be in and out of therapy wanted to adulthood because as he grows up and as his brain matures he is going to have to constantly reprocess what happened just all around this has been completely devastating and I just wanted to say that I firmly believe in the saying that grieving the loss of a child is a process and it begins on the day that your child passes and ends the parent joins them well yes don't know yet okay over here with the dry would you answer on the way this has affected my life is it's hard to make friends and sometimes it makes it um and sometimes when I wake I wonder what my brother colors and I remember that wasn't one the episode was funny and sometimes it's hard to make friends too so they might be like um drew Mauryan and I must color like house we used house duelist for me he is the funniest kid I ever I love how he would untie with me um Temari lied and killed my older brother what his answer but Connor was a was my first best friend and I said oh I will miss him forever December sentence death hit us like a wrecking ball feels like an understatement it was wrapped it's every hand around every part amount of my life stir to this day I am a shell of who I once was I'm Michelle the man I was on August 3rd 2014 that is the last full day where my family was home that was my seventh wedding anniversary and when I was family swimming trip and not every day we lived the whole of the next day on this fourth there are no words to explain hitting my dying son in my arms Mary to count the trauma of his mother's watching and die these are the last living memories I have of my son these scenes replay in my head and make a horror movie scene like a docile docile by comparison I said the song not to gain sympathy but to begin to paint an explanation for what this has done to us I wrote my salmon I and not a second goes by sleeping or awake then I do not miss him and agonize for what happened him and very much folks it's important for all of us to hear the remarks I think that pre-sentence investigation report was prepared by the Adult Probation Department it recommends that the defendant be committed admission partner of Corrections but it does not take position as to whether that cent should be imposed or delayed and define it to be useful for some biographical information but it did not do a guideline calculus either I require or vision officer as why he indicated it was his belief because of the statutory mandatory minimums that it may have been essentially moot because from my reading of the memos that were filed by the parties it appeared that there was agreement that the court did not have to choose a specific minimum or maximum I didn't think it was worth pursuing that and that can always be done down the road if it is necessary and now it would like to hear from our juvenile probation officer District War II who did file a report and is also making a recommendation time leshawna and yeah I received this case proximately a month ago and as you have explained in your statement my recommendation is going to be the mosquito River youth hall I did contact mosquito ever you hope you thought forward them information on to Marion and on October 22nd the psychologists and the program director did interview juh Marion in detention and they have accepted him for placement if so ordered Muskegon River you thought as you pointed out your honor specializes in treating long-term youth and can provide the treatment necessary to address the previous issues engine errands life including this tragic offense that has occurred he will be assigned a case manager a counselor and a psychologist during his stay at mosquito River youth home the psychologist will work with him on a weekly basis and will also provide a psychological report to this court so I do feel that I have a youth that's in the long term program it's a very positive program at this point I think it will immensely benefit to Marion to be in that program and he will be there for the long term do the seriousness of this offense is clear he has to be in a secure setting and that sir will be my recommendation so my recommendation is that he continue as a ward of the court he'd be placed at in suitable institution the Muskegon River youth home that he continued to reside in detention pending that placement that he participate in counseling attend school regularly he will receive psychological testing while he is there drug testing he's I'm also recommending an apology letter yeah this is not something else the court should expect right away this is something that's going to be ongoing with the treatment process and this could take a number of years for him to formulate that is correct your honor that is correct I recommend a formal review hearing in six months did you recommend the blended sentence for G Marion at this point that the parents split the court service fee that you pay a crime victims rights assessment and as well as state minimum cost Your Honor if not received anything yet as far as restitution I have heard the victim's mother speak to that matter and there may be restitution in the future so I recommended this matter remain open at this time thank you council as well as numerous averting it to address the court circular thank you your honor with respect to the recommendations for the what I'm going to call for a woman what I hope is just that would interim disposition in its the case a sentence of I wanted to be called a sentence in this case I agree with the recommendations obviously we do have you from Kent County that are presently in the Muskegon Youth River home I attend review hearings all the time with respect to those and it's a good program so I think that's a good placement institutional placement for the defendant at this point rather I do want to say obviously I can't say anything more really than what the parents did in terms of the the agony that this must have caused them however I once again would reiterate that while I agree with what's happening with the recommendation today it is totally I'd also agreeable to happen to agree with his agreement that it should be a delayed imposition of an adult and out of state juvenile because quite frankly eight years as I stand here before the court eight years would be the max escort if you did a juvenile sentence the max escort could hold him quite frankly eight years for first-degree murder he's insufficient having said that that Mattel that's my personal view on it it's just it's a first-degree murder Connors whoever coming home he could get released when he's 21 I don't think we protect society that way therefore once again for that reason we do need it the I guess I'm I say the juvenile system might not give the proper punishment even if you kept them in an institutional placement for eight or nine years that might not be sufficient punishment they might not be rehabilitated and everyone deserves as the society and quite frankly as a prosecutor I have to look at what's best to society as well they need to have a message that you don't commit a first-degree murder and then maybe get to walk eight years later unless you really really have shown the court that your mother would do something like this you're completely rehabilitated so therefore I'm asking the court just please do not preclude the option for yourself in the future of that because eight years just quite simply just might not be enough thank you thank you obviously the courts aware everyone's going on here the trial here is aware of all the facts that have happened is frankly the council are at this point this is a result of this is the potential catastrophic result of lifelong abuse this is why abuse is such a problem in our society this is what could happen you couple that with a response from the youth to request appropriate interaction appropriate intervention and the futility of that response and some of the culpability for this matter doesn't rest a bunch Jumeirah it rests upon the people that were supposed to be taken care of him and I'm not I'm talking about his parents I'm talking about the authorities they were contacted that doesn't remove his responsibility but this is a situation that everyone agrees and everyone should group that we have an ultimate victim here of Konnor and nothing I we all feel terrible and and for what that family has gone through they didn't deserve any of that juh Marian in his way he's a victim as well so I would suggest to the court that a general disposition could be an appropriate sentence and at the very least a blunted sentence should be imposed to you we look out for jamarius best interest and I'd like to thank you I guess first of all I'd like to start by offering my deepest sympathy to the family and I guess before I make my comments your honor I had a story and allowed her to share with the court the story is from concerns Reverend Ardo Draper who is a pastor at Calvary Church he has become a counselor and a mentor to Gemara Reverend Draper has a criminal past that landed him in prison in jail for a number of years he's turned his life around and now he's counseling with with youth debarring was instrumental in asking the rubber to go to the detention center and talk with the other boys there and share his story and he did that and the boys were very in trust and had lots of questions I think getting Reverend Draper there shows that Jamar Ian's maturity and the growth that he has experienced at the juvenile detention center the letter I want to share with you your honor and the court is is from a youth specialist that has been working with Jamari on the past year or so and his name is Frank Barone's and he says I'm writing on behalf of Jamari Lawhorn Jamar Ian has been a resident here in the Kent County juvenile detention center for over a year I currently work directly with him as a youth specialist Jamari on is an enthusiastic friendly and fun kid even when he is having a rough day he remains respectful and kind to those around him he brings a fun-loving attitude smile and is truly a joy to be around the odds were clearly stacked against jamario at a young age and I generally believe that sending him to prison for life is not in his purse aasaiya t's best interest I asked you for leniency in consideration for this child who committed an inexcusable of active hatred and violence I know part of Jamar Ian's attitude and success within the juvenile detention center is attributed to a structure security and safe environment that has been provided for him here he is always fed clean and has a bed to sleep in all of these things he'd never had has had prior to being brought to our facility I blend his dry for over ten years and I've seen in the vicious destruction cycle that kids will follow after being in abusive situations on the other hand I see Jamar Ian who fully regrets and acknowledges the terrible crime he has committed and has already been making changes to better himself overall I ask that you please consider giving this kid a second chance at a normal life he knows he has a lifetime with regret of taking another child's life but I believe he can and will overcome a society of poverty and destruction they got him there I would not consider him a threat to society and I guess now that I want to talk about what I have experienced this past year year and a half since working with Jamar Ian I was appointed represent d'marie last August as his guardian at litem I'd like to share with the court my impressions and why I believe a juvenile sentence is in his best interest when I first met with Jamar Ian and I saw a child with might with much sadness and hopelessness I saw the physical scars that will never go away and it also says his emotional scars both his physical and emotional scars were from the youth years of abuse that he has suffered throughout this case I have seen the transformation from a sad and hopeless child to a child that now shows emotion and has a sense of hope I couldn't even begin to imagine what he had had to have endured in the short 12 years to get to the point of saying that he wanted to die and he wanted the electric chair it became clearer after reading his case history and how his cries for help on unanswered by his family and by the state I read was mother at prior determinations because of children with both broken bones and burn I remember countless Child Protective Services referrals where nothing was done I read about how the can the detectives found at home that July was living in to be in deplorable condition I read it out how he never got the counseling that he needed and I learned about the time the tears streaming down his face he told the school staff that he was afraid to go home I read about his mother and stepfather do drugs and gave him weapons that left marks and probably the most tragic event was when there was a CPS referral in 2013 the government's answer was not to open a case and remove Gemara in but to scent of New York where he was further abused by his father and his grandmother he was sent to his father who was on parole for assault second degree in medicine third degree the convictions were the result of his father kicking and stomping his girlfriend these are just some examples of what I believe led this 12 wheel to say that he wanted to die Gemara now has a sense of hope with goals of being a writer and a motivational speaker his cries for help are finally being answered he is finally getting the counseling that everyone understood that he needed everyone but his parents discipline is carried out in a humane way it's not meted out with extension cords and Whoopi's by people hyped up on drugs he no longer has to live in squalor he has a bed he's clothed and he has three meals a day he has finally he finally has positive influences around him day in and day out while the physical scars on his body from years of abuse neglect will always be visible it is my belief that the emotional scars with counseling education and stability will heal here I believe is best interests of Jamari be served by a juvenile sentence tomorrow I wanna give you an opportunity to speak today and say as much I'm sorry for my actions I have been going through lots of things on that month I'm not I have cried for other pain I have caused throughout the whole process I have I had had days without eating because we had happen if I could go back I was taught myself and I realized the nightmare that you and I have to live with I don't show any emotion because if I do I'm not stop crying I took the day I was convicted I did not know how to handle it all I did was tell myself it was not tonight I it was all over and I could never live a normal life if you think I'm crazy but they don't know what they do not know if I could go back I would take all the pain and stress rather than take a life and I really don't understand any of this I just tried to I really don't and do not like what I did I need to do you and I know what I did was wrong I just do not understand how I did it I made a terrible mistake I just want you to know that I'm sorry for everything you you you have been going through and when I get older I will help is not to make the mistake I made it helped them become a better person in life today so they will not have to suffer it does use I had to suffer on that day I was so scared I was afraid my stepfather afraid of myself father I wanted to die because I thought there was no way up I I now know hurting someone was not right was not the right answer I've been talking to a pastor and asked him to talk to the kids in the detention so he can help them hug he was helping me I'm sorry for what I did I just wanted to you to know that I just wanted you to know that though faster Wi-Fi had not available the court has considered the factors I already do as the law requires court is also mindful of other circumstances in the case I am also the judge who was in the law Horne neglected and I have extensive knowledge of the family from which Jamari incomes he has been raised in home with the lengthy history of neglect and physical abuse his mother had her parental rights terminated over two previous children a number of years ago for physical abuse Child Protective Services were involved with the family in August and September of 2005 and as recently as May and June of 2013 in 2013 Miss Lauren and her longtime partner Bernard Harold were substantiated for physical abuse Jamar Ian he was beaten with an extension cord so brutally as to leave permanent scarring on his legs then he was moved to his father's home in New York where he was beaten by his alcoholic paternal grandmother before being returned to Grand Rapids and his mother and mr. Harold's home and I must say that the court was not entirely persuaded by his law horns or mr. Harold's trial testimony that neither had used physical punishment on Jamari and since 2013 while no child should be subjected to neglect and physical abuse like Jamar Ian was the court understands and appreciates that a troubled upbringing is neither a legal defense to murder nor an excuse for violent behavior the Jamar Ian was 12 years old when he committed this killing and it would be naive to conclude that his life experience had nothing to do with his scheme of killing someone that he would be arrested and executed the US Supreme Court Miller versus Alabama which is sort of the most recent case that the court has decided a case where 14 year-old child from Alabama had killed someone that's someone who is two years older than Jamar yet at the time he committed this crime explained in some detail the reason why we as a society treat juvenile killers differently that adult killers the court relied on three significant gaps between juveniles and adults first children have a lack of maturity and an underdeveloped sense of responsibility leading to recklessness impulsivity and heedless risk-taking second children are more vulnerable to negative influences and outside pressures including from their family and peers they have limited control over their own environment and lack the ability to extricate themselves from horrific crime producing settings and third a child's character is not as well formed as in adults his traits are less fixed and his actions less likely to be evidence of irretrievable depravity the court further noted that as science has progressed the science continues to show fundamental differences between juvenile and adult brands for example in parts of the brain involved in behavior control there is a difference between the twelve-year-old and an adult making a horrible decision like this the case is a tragedy all the way around for any of us who have been involved in it the twelve-year-old child brutally murdered at random a nine-year-old defenseless child leaving behind a family that aches over the loss of a child deprived the ability to grow up to fall in love and to make life choices for himself and the 12 year old killer who did not choose to be raised in an abusive and neglectful home is now faced with coming to terms with the pain he has inflicted losing his freedom and losing the ability to lead a normal childhood and adolescence it is the court's decision to impose a blended sentence in this case that is a disposition that delays the imposition of a prison of sentence under MC l 712 8 point 18 1 M the court places Jamar Ian on probation under MC l 712 8 point 18 sub 1 sub B with appropriate conditions those conditions include being committed to the Muskegon River youth home under MC l 712 8 point 18 1 sub D the court reserves and delays the imposition of a prison sentence unless and until a request is made to impose a sentence of imprisonment as I understand the positions of the parties of both parties agree that it is appropriate to simply wait to determine an appropriate sentence if and when the court has asked to impose such a sentence I do want to remind everyone in our course remind Temari and review hearings that violations of probation under the law can result in the revocation of the probation and the imposition of the adult prison sentence it is critical that Jamar Ian make his best efforts at the MIS field River youth home to take advantage of the services to abide by the rules and to prove to all of us and to so that he is capable of turning his life around I believe in Redemption I'm not willing to give that up on a 13 year old boy at this point Jamar Ian you have the right to appeal your conviction to the Michigan Court of Appeals the court will appoint you an attorney if you cannot afford one we are about to provide you with a form to request a court-appointed attorney you must complete form and return it to the court within 42 days or your request will be denied his rights coverage I'd ask if you would kindly make sure that Jamar Ian completes the form now so that we do not run any risk of him leaving his appellate rights following their meeting with Jamar Ian after today's hearing the court will discharge both mr. Buckelew and miss Rusk evich from their respective roles as defense counsel and guardian ad litem for Jamar ian has been a difficult case the court thanks each of them for their service under difficult circumstances Court will simply appoint a new sample from our science and only handle the repeat areas in the future ms sidle is there anything else you would like to bring before the court Walter mr. Buffalo Duffy ms rest captain no your honor Jamar Ian good luck I'll see you at review hearings in about six months I wish you the very best of luck and thank you all very much Oh would you just oh I'm sorry I just don't want to run English you