Protesters held signs and chanted outside court Thursday on behalf of 13-year-old Nathaniel Abraham

January 13, 2000
Web posted at: 2:40 p.m. EST (1940 GMT)

In this story: 'Our family has never heard an apology' Nathaniel 'not a psychopath' Sentencing possibilities New trial? RELATED STORIES, SITES

PONTIAC, Michigan (CNN) -- A judge ruled Thursday that a 13-year-old Michigan boy convicted as an adult for a murder he committed at 11 should be sentenced as a juvenile. That means Nathaniel Abraham can be held at a juvenile detention facility only until the age of 21, when he will be released.

From Court TV: Court TV: Abraham sentenced to juvenile detention Michigan v. Abraham - Background     MESSAGE BOARD Crime and punishment

Prosecutors had argued for a "blended sentence" -- juvenile detention now, with a decision at age 21 on whether Nathaniel should then go to adult prison. That decision would have hinged on whether Nathaniel had been rehabilitated.

But Oakland County Family Court Judge Eugene Arthur Moore said such a blended sentence would be better suited for older teens.

Michigan law allows juveniles to receive adult prison terms. Moore called that law "fundamentally flawed."

Defense lawyer Geoffrey Fieger, who had argued against any adult sentence, said he was pleased with the sentence but added, "This is the exact outcome that would have resulted had the case gone to juvenile court."

The victim's sister, Nicole Greene, told the court about her family's loss

He insisted, as he did after the boy's trial, that Nathaniel should not have been convicted of murder. "He's a child playing with a gun," Fieger said.

Nathaniel already has been in juvenile custody for two years. Under the sentence imposed Thursday, he will be held for eight years more. "While there is no guarantee Nathaniel will be rehabilitated at 21, it is clear 10 years is enough to accomplish this goal," Moore said.

Before announcing his decision at the end of a four-hour sentencing hearing, the judge heard arguments from prosecution and defense lawyers, as well as expert testimony from witnesses called by both sides.

The shooting victim's sister also addressed the court.

On November 16, a jury convicted Nathaniel of second-degree murder in the October 29, 1997, rifle slaying of Ronnie Greene Jr., 18, who was shot in the head outside a convenience store in the Detroit suburb of Pontiac.

At trial, defense lawyers argued that the shooting was an accident -- that Nathaniel was aiming at trees. Jurors disagreed. But they found Nathaniel not guilty of the more serious charge of first-degree murder.

"My brother did not deserve to be gunned down like a dog in the street," said Greene's sister Nicole, who choked back tears as she read a statement in court.

"It don't matter that Nathaniel was 11 at the time he gunned down my brother. Age don't matter. What matters is that he be punished for taking my brother's life for nothing at all," she said.

"Another sad part about the situation -- our family has never heard an apology, or anything, so that says a whole lot about the situation," Nicole Greene said.

Dan Bagdade, another of Nathaniel's defense attorneys, denied the boy was unapologetic, describing him in court as "very remorseful."

Nathaniel Abraham, then 11, killed 18-year-old Ronnie Greene

Susan Peters, a social worker with the Michigan Department of Corrections, testified for the prosecution that based on the seriousness of Nathaniel's offense, he should receive a blended sentence.

"This offense was too serious to take a chance that he might not be rehabilitated in the juvenile system, then at age 21 leave this court without any options," Peters said.

For the defense, Jerome Miller, president of the National Center on Institutions and Alternatives, a legal reform group, disagreed with the prosecution's recommendation for a blended sentence.

"I don't think it would be effective. I think it would be counter-productive ... I think it would be setting up Nathaniel for failure," Miller said, adding that any infraction could be taken as basis for imprisoning Nathaniel at age 21, even if it wouldn't normally be considered a criminal act.

"This young man (is) not any kind of incipient psychopath. He's a young man who needs some care and nurture. He has a loving mother," Miller testified. "He's not inherently a violent or hurtful young man. It just isn't there, despite the horrendousness of the offense."

Nathaniel was prosecuted under a law that allows prosecutions of children of any age in serious felony cases -- a law critics consider barbaric and believe sets a dangerous precedent.

If a child is tried and convicted, the judge can choose among:

• An adult sentence

• A juvenile sentence

• A blended sentence that defers the issue of adult punishment until later

Second-degree murder carries a penalty of up to life in prison.

In Nathaniel's case, he could not have received an immediate adult sentence because the prosecution did not request it.

About 200 protesters who oppose the law used to prosecute Nathaniel chanted and sang outside the Oakland County courthouse, awaiting word on the sentence.

They were led by the Rev. Al Sharpton, who later took a seat in the courtroom to watch the proceeding.

The jurors who convicted Nathaniel after four days of deliberations determined that he did not intend to kill Greene.

Nevertheless, they believed the boy was capable of understanding that someone might be seriously harmed if he fired the .22-caliber rifle.

The jury, however, acquitted the boy of using a firearm in the commission of a felony.

Defense attorneys say the inconsistency of those verdicts will form part of their argument in a bid to win a new trial.

Detroit Bureau Chief Ed Garsten and The Associated Press contributed to this report.

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