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Teen avoids life sentence in teacher killing
WEST PALM BEACH, Florida (CNN) -- A jury Wednesday found 14-year-old Nathaniel Brazill guilty of second degree murder for killing his middle school English teacher last May. The verdict was a lesser charge than first-degree murder, which was sought by the prosecution and would have carried a mandatory sentence of life in prison without the possibility of parole. The jury of nine women and three men, many of them parents, had deliberated since Monday afternoon. Brazill's attorneys conceded that he shot and killed Barry Grunow, a popular language arts teacher, on May 26, 2000, but they insisted it was an accident. Brazill was 13 years old at the time of the shooting.
The teen had a quizzical look on his face when the verdict was read in the hushed courtroom. His attorney, Robert Udell, placed his head on Brazill's left shoulder and closed his eyes in relief. A second-degree murder charge -- which means jurors believed the shooting was spur of the moment and not premeditated -- carries a minimum 25-year prison term up to life in prison. Brazill was also found guilty of aggravated assault for pointing the gun at another teacher as he fled the scene. Sentencing is set for June 29. "The system has worked," said Robert Hatcher, the principal of Lake Worth Community Middle School, where the shooting took place. During the trial, the teen testified that he pointed the gun at Grunow because he would not let him speak to two girls in his class. Brazill testified that he cocked the .25 caliber pistol because he wanted Grunow to take him seriously and the weapon went off. He said he thought the safety was on. Prosecutors argued that Brazill brought the gun to school because he was angry about being suspended by another teacher for throwing water balloons. They said he was also upset because he was failing Grunow's class. In his closing argument, assistant State Attorney Marc Shiner repeated his opening statement that a "storm was brewing" inside Nathaniel Brazill the day of the shooting last year. "You don't point a gun at some and when it goes off ... call it an accident," Shiner said. Then looking at the defendant, he added: "It doesn't work that way, Nate Brazill. That's first degree murder." Prosecutors called a number of students who saw the shooting and a girl who said he made death threats just hours before the shooting. Michelle Cordovez testified that Brazill told her he was going to come back and shoot Mr. Hinds, the guidance counselor who suspended him. She said Brazill told her "Watch, I'm going to be all over the news." Under cross-examination, Cordovez said she thought he was joking. Another witness testified that Brazill asked him for a gun and said he was going to f---k up the school. Shiner told the jury not to consider Brazill's age when reaching a verdict. "It wasn't your decision to try this case as an adult. That's not your burden." Defense: 'Only Nathaniel is at fault'Defense attorney Robert Udell told the jury Monday that Brazill was morally responsible for shooting. "We never said and I will not tell you that Nathaniel is not responsible for what happened here. His parents aren't at fault, the school is not at fault, the gun is not at fault. Nathaniel is at fault and only Nathaniel is at fault," Udell said in his closing arguments. He said Grunow was Brazill's favorite teacher, and that the teen did not intend to hurt him. Udell urged the jury to consider Brazill's age. "Any of you who have dealt with 13 year olds, or have one, know that they get stupid on us," Udell said. Udell also said the gun was a "Saturday night special," and "a cheap piece of garbage" that could easily go off by mistake. Grunow's widow, Pamela, has filed a lawsuit against the gun's distributor and the pawn shop that sold the weapon, claiming it lacked appropriate safety locks. Video key evidenceOne of the key pieces of evidence in the case was a videotape of the shooting from the school's security system. The tape shows Brazill pointing the handgun at Grunow for about 11 seconds before cocking the weapon and then shooting the teacher. The tape also showed Brazill pointing the gun at another teacher as he ran away. Jurors also saw Brazill make a videotaped confession to police after he was arrested. Families reactThe victim's brother, Steve Grunow, said a first-degree murder conviction was the only acceptable outcome. "He said he was going to do it, he did it, he's on film doing it, he's acknowledged doing it, and not only has he not said that he's sorry or that he feels some remorse and wouldn't do it again, he just sat and coldly watched the video tape of him doing it." The boy's mother prayed for leniency at a new conference Friday. "I would ask them to really trust their feelings and just judge Nathaniel accordingly," Polly Josey-Powell said. "We know he did wrong, we know he must be punished, but be fair." His father said this is a situation where no one wins. "We can only pray that we as a nation can learn something ... when you put a child in an adult's courtroom" said Nathaniel Brazill Sr. |
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