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McClard's family questions justice

Tuesday, January 8, 2008

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Jonathan McClard's parents, still stunned by their son's apparent suicide in prison, are looking back, questioning the justice system. And looking ahead in hopes of changing it.

The family still hadn't gotten over the fact their then-16-year-old Jonathan McClard received the maximum sentence of 30 years for shooting another teen at a car wash in Jackson when they received a telephone call from prison officials Friday that Jonathan McClard was found dead in his cell.

The prosecutor calls McClard's shooting of Jeremy Voshage one of the most "cold-blooded" crimes in the city's history, which is why he was tried as an adult and punished so severely. But McClard's parents were worried about their son entering prison with other adults. Apparently, their fears were justified. McClard was found dead days before he was to enter the Southeast Correctional Center in Charleston, Mo. Though the investigation remains open, Jim Coplin, St. Francois County coroner, said McClard died from asphyxiation. Apparently, McClard used bed sheets fashioned as a rope to kill himself.

Jonathan McClard's family worried that his age would make him a target, said Tracy McClard, Jonathan's mother. In an interview with the Southeast Missourian a week before his death, McClard expressed concern about going to the Charleston prison, which he called "about the worst there is."

McClard, who turned 17 Jan. 1, was scheduled to arrive in Charleston on Monday morning, according to Brian Hauswirth, spokesman for the Department of Corrections. He was waiting at a transport facility in Bonne Terre before he could be moved.

Though the autopsy was handled by the St. Louis County coroner's office, Coplin responded to the scene at Eastern Reception Diagnostic and Correctional Center because Bonne Terre is in St. Francois County.

Corrections officers would likely have made the rounds and checked on McClard around 3:15 p.m. Friday, and McClard's body was discovered around 35 minutes later, Coplin said.

In November, McClard received a 30-year sentence for first-degree assault from Circuit Judge David Dolan for shooting another teenager three times on July 10 at a Jackson car wash.

McClard pleaded guilty after he was certified as an adult.

The shooting, which left Jeremy Voshage, 17, seriously injured and forced to undergo physical therapy indefinitely, was one of the most premeditated, cold-blooded shootings in the history of the city, said Cape Girardeau Prosecuting Attorney Morley Swingle.

In a letter to the Southeast Missourian, Carol McClard, Jonathan's grandmother, said that though she knew her grandson had strayed badly from his faith, he was a "wonderful boy, and not a man, as had been alleged."

Because McClard was only 16 when the shooting occurred, a fraction of an inch and less than a year of age separated him from facing the death penalty, Swingle said.

Swingle said McClard not only lured his victim to the car wash with the intention of shooting him, but tortured him, paralyzing him with the first shot and then chambering two more rounds into the .22-caliber rifle, firing them into his victim as he lay helpless on the ground.

"Jonathan McClard made his decision, and then he committed a second horrible crime, the murdering of himself," Swingle said.

Tracy McClard said her son should not have been certified as an adult. Jonathan McClard said he shot Voshage over a dispute over a girl.

Tracy McClard said she and her husband are looking into trying to persuade lawmakers to make laws preventing anyone younger than 21 from serving time in an adult prison.

"Kids don't belong in adult prisons," she said.

She said she read that juveniles in adult prisons were five times more likely to commit suicide than those in juvenile facilities.

She said her son was placed on suicide watch twice during his time within the Department of Corrections, but that he was no longer on it at the time of his death.

Hauswirth declined to discuss whether McClard had been on suicide watch because the investigation is still ongoing, but according to Department of Corrections policy, all inmates are subject to screening for suicide risk upon entering the system.

Full suicide watch procedure involves placing the at-risk inmate in a separate cell under some form of constant surveillance and checked on at least four times each hour by staff, according to the 12-page-long policy.

In addition, an inmate would not be allowed any extra garments or furnishings that could possibly be used to harm himself, according to the policy.

Any suicide watch must be terminated by a qualified mental health professional.

Swingle stands behind the decision to prosecute Jonathan McClard as an adult. He said the juvenile system could not have rehabilitated him successfully, adding that the juvenile system is reserved for petty crimes such as shoplifting, and the seriousness of the crime is the No. 1 factor in deciding whether to certify someone as an adult.

Tracy McClard said she had hoped her son would receive a dual jurisdiction sentence, even after having been certified as an adult, sending him to the Division of Teens Services, where he would receive counseling and education, rather than the department of corrections.

While at the Northeast Correctional Center, McClard successfully completed his GED, and his parents were helping him consider his options for further education, said Tracy McClard.

He was intelligent, and his goal was to be a surgeon, she said, though after the felony conviction he had decided that was no longer a possibility and was considering psychology.

"He was going to do something great with medicine," she said.

Tracy McClard said she loved debating issues with her son for the fun of it, and that his wit never failed to make people laugh.

bdicosmo@semissourian.com

335-6611, extension 245


A letter from Carol McClard

Editor's note: The following is a letter submitted to the Southeast Missourian by Carol McClard, Jonathan McClard's grandmother.

To the editor:

Jonathan McClard was a Christian having accepted Jesus at an early age. He was a wonderful BOY and not a man as has been alleged. He strayed badly from God. As we all have our struggles, so did he. Because of the injustice of our legal system and some people promoting themselves instead of thinking of others, Jonathan saw no hope and saw himself going into hell on Earth. According to the St. Louis Post-Dispatch, Jonathan was the third-youngest inmate being held in adult prison in MIssouri. We were hoping people in court would take the recommendation of the director of the Department of Youth Dual Jurisdiction Program who testified in court on Jonathan's behalf. Instead, he got themaximum sentence possible. Jonathan had been reading his Bible and was coming back to God. He saw a way out and a way to put himself in a much better place. He took himself directly to God where he is now. There is great comfort in that for all of his family who know God because we know we will be reunited. There is great pain and suffering now. His life has been cut short and the potential of what he could have contributed with maturity is now gone.

Carol McClard,

Jonathan McClard's grandmother.


Comments
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"The prosecutor calls McClard's shooting of Jeremy Voshage one of the most 'cold-blooded' crimes in the city's history, which is why he was tried as an adult and punished so severely. But McClard's parents were worried about their son entering prison with other adults."

What do you think Voshage's parents felt like when they found out that their child was shot three times in cold blood and basically left for dead while McClard enjoyed a soda. McClard got what he deserved (as far as the sentence was concerned). I don't often agree with 16-17 y/o's being tried as an adult when they're not old enough to vote as an adult.....but when you purposefully and maliciously attempt to KILL an unarmed human being, you deserve to spend the maximum penalty in prison.

-- Posted by SEMO Redhawks on Tue, Jan 8, 2008, at 12:36 AM

heye1967 your comments are probably the most cold blooded I have heard in a long time. Does any one remember John Hinkley who shot the president and three other people and only got time at a mental hospital? If this kid had been rich or known someone important, he would still be alive. And oh by the way, how come Nathan Cooper is still not in jail?

-- Posted by mkm on Tue, Jan 8, 2008, at 5:33 AM

Wrong is wrong!Age isn't a factor.People need to teach there kids that! My parents did I also knew my punishment would match what I did!!!!!!!!!

-- Posted by zeroit on Tue, Jan 8, 2008, at 5:58 AM

Another fine article from Bridget on how this crimminal is the victim. Swingle said it best "Jonathan McClard made his decision, and then he committed a second horrible crime, the murdering of himself,"

With all this talk after the fact of how terrible it is for a 17 year old to be placed in prison maybe they should not have bed sheets either. Just a concrete bed.

This is truely a terrible situation with no winners, but to question the justice system after this person plead guilty is beyond me.

As far as doing something great with medicine, why did he not try to a least help the true victim instead of kicking back enjoying a soda while he watched his prey bleed on the pavement.

-- Posted by gman on Tue, Jan 8, 2008, at 6:03 AM

I don't want this to sound like I'm picking this situation apart, but I have thought about this over and over again...

My heart goes out to the parents. Mentally, he is still only a kid...I can't imagine the PAIN their going thru..I'm so sorry.

I'm ready for ya'll to slam me on what I'm about to say...go ahead, but until you've walked in those shoes...You have no right to say anything.

There's been many times that I thought I was going to be there...

I had a son who was irrational at times in his younger years. He WAS whacked out on drugs during this time, about 7 years in length...Yeah, lot's of sleepless nights for me...And yes, I called the law on him, put him in jail myself, had my place field-tested...you name it, because I was determined to save his life...those are issues you can't overlook now-a-days. It's reality. He's still alive today and loves his mama for the tough-love.

I would like to know what the drug screen results were from the testing of Jeremy after all this happened. I'm not saying that he definitely was on something other than marijuana and cold medicine, but if you don't specifically "test" for certain drugs, (they don't show up on a 5-panel or 10-panel drug test. There are drugs out there that WE don't regularly hear of that can make a person go ignorant, especially within a mixture).

I am a certified drug screener in this field and have been for over 20+ years.

Fact: Marijuana is not a violent drug...although alcohol is, yeah, and it's legal...go figure.

I CAN'T see the cold medicine causing enough of an issue for this mixture to happen. Marijuana mellows you out. You don't want to hurt anyone...The combination of the two would have most likely have put him to sleep or he might have been thinking that he'll deal with it later even if he was totally ****** off.

If Marijuana was legalized...we might stop all the violent crime, get the nation out of debt, and the farmers will grow it instead of corn but if that happens (we might starve)...?...don't think so.

Those who study history: what do you think the peace pipe was?...

and don't forget that marijuana leads to stronger drugs...well, DUH...their here anyway!...and look what is happening!

People put MJ in the same category as heroine, LSD, and Meth. You all don't have a clue. That's total ignorance.

The worst part of this: we made the system the way it is! We did it ourselves...and we deserve what we get...JMHO

-- Posted by leighann457 on Tue, Jan 8, 2008, at 6:23 AM

Leighann457, I dont see anywhere in this article about blaming all this on drugs. It appears you want to use this as a podium to argue the never ending debate on drugs. We all know some people just cant forget about drugs and would like to smoke Marijuana for the rest of there lives. But the rest of us arent worried about it as we move on in life and wish to be more productive citizens. Your debate on Marijuana is so far in left field ignorance. I work at the forefront of drugs and Marijuana may not make people do bad things itself but if you say its ok to use then you will amplify the use of other drugs I can gaurantee you. Yes some people will smoke it only and never touch anything else. Those will be the people that will get on here and argue with me about this. But there are a large number of others that do go further after they experience the effects of drugs. And I dont want my kid thinking its ok to smoke MJ in high school becuase its legal and everyone else does it. Thats stupid and openes him up for further problems than if its illegal and hes scared to do it for fear of punishment and how I raised him. Ask any crack cocaine or Heroin user what was the first drug they ever used? I rest my case. Anybody ever think maybe this kid was just nuts as he appeared and justiced is served.

-- Posted by CapeCop on Tue, Jan 8, 2008, at 7:32 AM

I am left to ponder how hard it is at 16 to walk the beaten path, and how easy as the prosecutor to go with the grain.

-- Posted by eastmidwest on Tue, Jan 8, 2008, at 7:43 AM

He got what he deserved. Prison Time. His suicide was his own decision handed down by himself not the court.

They are trying to persuade lawmakers that the 20 and under crowd who commit the worst crimes known to man not be sent to adult prisons??? WTF? Do they not see the ramifications of their intentions?

On a different note the comment comparing John Hinkley and Jonathan McClard forgot to mention something. John Hinkley was mentally ill, Jonathan McClard was just jealous and ****** off.

-- Posted by NoDisclosure on Tue, Jan 8, 2008, at 8:28 AM

Whether he should of been sentenced to 30 years is not the point. The point is that he shouldn't have committed the crime in the first place. The family has to face up to the fact that something with haywire somewhere along the line. They wouldn't be worrying about the justice system if the young man hadn't intentionally placed himself in it. And I don't believe for a minute that a 17 year old doesn't know it's wrong to shoot somebody.

-- Posted by CapeRacer on Tue, Jan 8, 2008, at 8:58 AM

"He said the juvenile system could not have rehabilitated him successfully, adding that the juvenile system is reserved for petty crimes such as shoplifting, and the seriousness of the crime is the No. 1 factor in deciding whether to certify someone as an adult".

Since when Morely has any penal institution in this country been in the buisness of rehabilitation!?I say again,the sooner your out of here the better.Just more idiocracy from you.Children do not belong in prison with adults!That statement has nothing to do with what Mclard did or how he did it.The penal institution in ths Country is screwed up and has been for a long time!Privatization

is what needs to occur and we need to have institutionS where CHILDREN and TEENS are housed and rehabilitated AWAY from adult offenders.Shame on anyone who thinks a 16 or 17 year old should be housed with adults!Shame on Missouri for allowing it!

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 9:07 AM

I see why the Mr. Swingle was voted to be the prosecutor of this fine county. I

have never seen such cold blooded, hate filled people then from these messages. Mr. Swingle

was out to promote himself and show what a tough guy is his on crime by

sentencing this kid to 30 years of adult prison. Many of you are speaking only

on what you hear from the news. The news doesn't tell the whole story, neither

has Mr. Swingle. Both Jeremy and Jonathan were known drug abusers. Jeremy had

the distinction of also dealing drugs. Jonathan's was informed by his

ex-girlfriend that the reason their unborn baby died was because Jeremy was

providing drugs to her. In Jonathan's drug induced state he thought he was

hurting the person the killed his baby. Please keep that in mind. Jeremy was not

an innocent bystander washing his car. He met Jonathan for the purpose of

fighting him.

He just didn't have access to a weapon except his fists. Jackson doesn't like to

admit it but they have a serious drug problem with their teens. This child

obviously had some serious drug abuse issues and should have never been

sentenced to such a harsh sentence. Jonathan was a typical, immature, impulsive

teen addicted to drugs. Mr. Swingle is a mature experienced adult who thought

selfishly this case was going to help him professionally. In the end a child is

dead for that reason.

-- Posted by notfromhere on Tue, Jan 8, 2008, at 9:12 AM

Cape Cop,

you comments were close to right field ignorance!As for productive citizens,I must say I am as or more productive then you sir!

And Yes!I did inhale!Yes you are on the for front of marijauna and drugs because thats where you gain revenue!I suggest you all find more time dealing with rapist,child abusers,theives and murderers!Your arguement against was ridiculous as most are!If Marijuana was decriminalized(which it should have been years ago)you my friend would have very little to do!

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 9:13 AM

Swingle has made plenty of mistakes.

How should he be punished? Is he capable of being rehabed?

Sounds as if Swingle is more interested in political statements than rehabing a child.

-- Posted by Spincycle on Tue, Jan 8, 2008, at 9:13 AM

As a parent I would hate to think my child is capable of a crime of this magnitude and I would hate for them to face Morley Swingle because he basically just does what he wants, I could go on for days with examples of that. But I honestly don't know if I could stand to watch the system work against my family like it has in this situation, a lot of you are saying he got the time he deserved for his crime. Really?? I am not so sure; this kid was obviously smarter that all of you are giving him credit for. Think about this as a whole, the reason he shot that kid, (NO I am NOT saying what he did was excusable) Just think about it on his level, He thought he was in love, and she told him this vosage kid was making her do drugs to kill her unborn child. My lord people, maybe she needs some counseling. Who knows what else she told him, maybe she was playing mind games. We all know that women (teen girls) can be very evil if they want too. As for his parents, I am at a total loss for them. The public is picking them poor people apart, those of you who blame them should be ashamed of yourselves, they seem to be hands on parents for the most part. Kids will do stupid things, some maybe not this stupid, but they will do it and you will bail them out because you love them more than anything in the world. The only thing I can say is now they wont have to go visit him and wonder or know what them awful men in the prison are doing to their son who really was still a child.

-- Posted by SpongeBob on Tue, Jan 8, 2008, at 9:14 AM

A 17-year old is not a child, they're an adult.

Again, I ask whether there should be yet another justice system for those individuals who are 17 through 20 years of age, because they can't vote, or buy liquor... absurd.

By the way, Morley Swingle didn't sentence this guy to 30 years, THE JUDGE DID!!! The bottom line is if you don't want to do 30 years in prison, don't commit a crime carrying that sentence.

Your counties residents should be thankful to have a prosecutor the likes of Morley Swingle.

-- Posted by just_winky on Tue, Jan 8, 2008, at 9:29 AM

Botton line. You have to pay for your stupid mistakes. He paid for his stupid mistake!

-- Posted by mojo on Tue, Jan 8, 2008, at 9:34 AM

QUOTE: "Jonathan McClard made his decision, & then he committed a second horrible crime, the murdering of himself," Swingle said.

BREAKDOWN: Swingle's comment is stunningly callous, but equally inaccurate:

* MO law makes it a crime to cause

the death OF ANOTHER PERSON, but

not the death of one's self,

(RsMo 565.02x).

** There is a legal presumption that

sane people do not commit suicide

(Kearbey, 1975).

*** An insane person cannot form intent.

It'd be classified as an accident.

The law is clear: McClard died by accident, & not by some ficticious 'horrible crime.'

-- Posted by OlderEagle on Tue, Jan 8, 2008, at 9:39 AM

GREYWOLF:

Your ignorance is well displayed for all to see. You should proably..... at least have a working knowledge of our legal system before you make comments such as yours. If you were ver a victim of a crime I assure you, that you would want a prosecutor like Morley Swingle working for you. Again, your ignorance speak volumes about you and your thought process.

-- Posted by Wilsonite on Tue, Jan 8, 2008, at 10:05 AM

WINKY;

"A 17-year old is not a child, they're an adult".

I do not agree!!OK

Secondly,I never SAID anything about two judicial systems!YOU DID!Have you forgotten how to comprehend what is written?

And NO we do not have to be proud of Morely Swingle!!And I for one,never will be!OK!I am well aware of how the local "judicial" system works and I am sure you DO NOT thats obvious!So please WINKY,lets agree to disagree!You milk your cow and I will milk mine!

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 10:06 AM

I have dealt with murderers from fifteen years on up. You are just as dead no matter who pulled the trigger; no matter how "nice" they seem or how much their parents love them. I believe the sentence given to McClard was a just one. In a perfect world, provisions should be made to separate young offenders from older more predatory ones, but I am not sure any of us are willing to pay the amount of money needed for increased correctional facilities. At this point, I have far more sympathy for McClard's victim than McClard, McClard had choices; his victim did not.

-- Posted by BN1401 on Tue, Jan 8, 2008, at 10:12 AM

Peace-seeker,

Sorry but I do not believe I am ignorant any more then I believe you are!Name calling is

something you do very well!Why can't you just say I disagree Greywolf?

Your knowledge of the legal system is better then mine?Well then you must know that the legal system in this area is broken!It does work well if your well known,have money and white!Oh but it works so well doesn't it?

Think before you post would be my suggestion to you.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 10:12 AM

I worked with kids all my life. My last 9 years were spent with 6th graders in a middle school for 6,7, and 8th graders. One of those students happened to be in the Bonne Terre holding facility at the same time as Jonathon McClard. The young man committed a heinous crime when he was just 14 years old. I knew the boy as well as taught the brother whose sister's life was forever changed by this inmate. If Jonathon McClard thought facing prison time in the Charleston prison was scary, meeting up with this younger inmate would make the prison look a daycare.

Our youth today are not what they were in 1952! I have witnessed the morphing of kids from 6 to 16 years old. These children are highly influenced by their parent(s)or other family member. 90% of how that child turns out will be directly linked to that upbringing! It might sting, but our society can cite 1000's of examples. Accept your share of the responsibility and find a way to make a positive impact.

-- Posted by trixie3 on Tue, Jan 8, 2008, at 10:16 AM

One day we will all be judged by our creator. We will also be accountable for our actions and comments, so we need to bite our tongues when we want to say ugly and hurtful comments.

Until we have walked in their shoes, we have no idea what they are going through.

If you are a TRUE CHRISTAIN...You will Love and Forgive!

-- Posted by bikergirl on Tue, Jan 8, 2008, at 10:23 AM

-- Posted by NoDisclosure on Tue, Jan 8, 2008, at 10:25 AM

GREYWOLF:

Okay I will be more civil, but here is the problem with your view. Morley has been straight as an arrow on his proscution of cases of this severity. There are several cases in this county involving juvnile shooters and they to have recieved the same sentences research some older cases and see for yourself. You will find white, black, rick and poor involved and they all got the same sentence.

If you want are looking for a scapegoat then maybe it is with the defense who chose a change of venue to Scott County. The guidelines are the same for the prosecution of all of these crimes, period. The local judges has discretion in sentencing. If you want a more perfect system then lets change the laws of this state to have mandatory sentencing guidelines as in the Federal system. Don't blame Morley for being an agressive prosecutor. The defense may have been less that perfect but again the judge has the final say. Sorry for the comments before but I just get tired of the railing on the people who trying to make a diffence for us locally.

-- Posted by Wilsonite on Tue, Jan 8, 2008, at 10:37 AM

THE BOTTOM LINE HERE IS .... YOU ALL NEED TO MIND YOUR OWN BUSINESS. WEATHER IT'S CONDOLENCES TOWARD THE FAMILY OR HARSH MEAN WORDS. IT'S NON OF OUR BUSINESS. NONE NONE NONE!!!! LEAVE THOSE PORRE FAMILYS ALONE AND LET THEM DEAL WITH THESE TRADGEDYS IN PEACE!!! MAY GOD HELP YOU ALL FOR SPREADING SUCH GOSSIP!!! I AM SICK AND TIRED OF READING THESE ARTICALS ON HERE AND THEN SEEING ALL OF THESE USELESS COMMENTS!! REMEMBER IT IS NON OF OUR BUSINESS. TAKE CARE OF YOUR OWN FAMILYS AND LEAVE THEIRS ALONE!!!!!!

-- Posted by deesalt on Tue, Jan 8, 2008, at 10:37 AM

DEESALT,

Your wrong,It is all of our buisness.If it were not then it would not have been an article in the papers.A crime was committed against society and we are all a part of that society!I have not heard anyone trash anything but the system or the actual crime.

This is not gossip its debate and I will admitt some argueing as well.Next time keep your voice down a bit please.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 10:44 AM

ANOTHER THING, TODAY IS THE 1ST. TIME I'VE EVER COMMENTED ON HERE, BUT I READ THEM DAILY AND YOU KNOW WHAT? IT'S ALWAYS THE SAME PEOPLE THROWING IN THEIR 2 CENTS. I PERSONALLY THINK YOU ALL HAVE WAY TO MUCH TIME ON YOUR HANDS. YOU REALLY NEED TO GET A LIFE AND STOP TRYING TO MAKE YOURS MORE INTERESTING BY GETTING INVOLVED IN SOMETHING THAT IS NONE OF ANYONES BUSINESS. I AM A SUCCESSFUL WOMEN WHO LIVE A GOOD CHRISTIAN LIFE BUT I TOO GOT IN TO LEGAL TROUBLE WHEN I WAS A TEEN AND EVERYONE MAKES MISTAKES. I'M SURE MCCLARD KNEW HE HAD ALSO. HE DID WHAT HE WANTERD TO DO IN ALL SITUATIONS AND NOW IT'S OVER. LET HIM REST IN PEACE AND EVERYONE GET OVER IT. FIND SOMETHING ELSE TO TALK ABOUT AND LET THE FAMILY TRY TO HEAL. WE ALL KNOW HE WAS WRONG AND HE NEEDED TO BE PUNISHED. WEATHER HE SHOULD HAVE BEEN PUT WITH ADULTS OR NOT IS NOT FOR ANY OF US TO SAY. SWINGLE AND EVERYONE WHO WAS INVOLCED KNOW WEATHER OR NOT THAT WAS THE RIGHT DECISION OR NOT, AND YOU KNOW IT REALLY DOESN'T MATTER NOW ANYWAY. LET IT GO !!!!!!!

-- Posted by deesalt on Tue, Jan 8, 2008, at 10:45 AM

IMO...I believe it goes back to the parents. Do you know where your kids are and what they are doing? I think we've done well in raising our kids. I ask my 16 year old how come he never goes out and hang out with his school friends. He says because all they talk about is drinking and getting drunk and some do drugs. So, he choses to stay home and play video games. Do I complain? Nope. I obviously have done something right!!

Like Trixie said kids are not the way they used to be. They aren't even like I was when I was in high school. There are too many bad influences out in this world and too easy for kids to get in the wrong crowd.

-- Posted by Wildnsyko on Tue, Jan 8, 2008, at 10:47 AM

WELL YOU CAN CALL IT DEBATE OR WHATEVER YOU WANT. WHAT I'M TALKING ABOUT IS THE TRASH TALKING THATS GOING ON ABOUT THE FAMILYS. I DONT KNOW ANY OF THEM BUT NONE OF YOU CAN HONESTLY SAY THAT IF THIS WAS YOUR CHILD OR FAMILY MEMBER THAT YOU WOULD WANT PEOPLE DOING THIS. THIS COMMENTING CRAP ABOUT THIS REALLY SHOULDN'T EVEN BE ALLOWED. IT'S WRONG TO TALK ABOUT THESE PEOPLE AS IF YOU KNOW WHATS GONIG ON WITH THEM AND IN THERE LIVES AND FRANKLY IT'S SLANDER FOR MOST OF YOU ON HERE TO SAY WHAT YOUR SAYING!!

-- Posted by deesalt on Tue, Jan 8, 2008, at 10:49 AM

Deesalt,

Dang!why not tell me how you really feel!

I have no use for inconsiderate people like yourself!I see no need to respond to any more of your off color comments.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 11:01 AM

Quote: "THE BOTTOM LINE HERE IS .... YOU ALL NEED TO MIND YOUR OWN BUSINESS. WEATHER IT'S CONDOLENCES TOWARD THE FAMILY OR HARSH MEAN WORDS. IT'S NON OF OUR BUSINESS. NONE NONE NONE!!!! LEAVE THOSE PORRE FAMILYS ALONE AND LET THEM DEAL WITH THESE TRADGEDYS IN PEACE!!! MAY GOD HELP YOU ALL FOR SPREADING SUCH GOSSIP!!! I AM SICK AND TIRED OF READING THESE ARTICALS ON HERE AND THEN SEEING ALL OF THESE USELESS COMMENTS!! REMEMBER IT IS NON OF OUR BUSINESS. TAKE CARE OF YOUR OWN FAMILYS AND LEAVE THEIRS ALONE!!!!!!

-- Posted by deesalt on Tue, Jan 8, 2008, at 10:37 AM"

If you are tired of reading this stuff then step away from your computer and shut it down. The newspaper has printed this as "news" therefore it gives people something to talk about. If you haven't realized it by now, these people talk about everything and anything. If you don't like it, don't read it!

-- Posted by Wildnsyko on Tue, Jan 8, 2008, at 11:03 AM

After reading this article I am dumb founded. How in God's name could the McClard's honestly believe that their son was a Christian? What Christian sets out to kill someone? Not a very good one I believe! The grandmother, Carol McClard, had the nerve to say our justice system is faulty. You need to step back and look at it from the other families point of view! Your 16 year old grandson knew what he was setting out to do. He made a plan to severaly attack another individual. He set out to not only hurt the boy, but to KILL him! You can't honestly believe that Jonathan deserved a lighter sentence because he was a Christian boy, or a 16 year old? He obviously suffered from several emotional problems if he could plan and carry out hurting someone the way he did, and then hanging himself. He wasn't a stable person. He should have thought further into what he was doing before he did it! He deserved the sentence he got and he should have thanked someone that he didnt recieve the death penalty because of his age.

-- Posted by bkbtmj on Tue, Jan 8, 2008, at 11:10 AM

It is my business! A friend or a relative of mine could have pulled into the car wash at the absolute wrong time, and been murdered simply to eliminate a witness. The FBI reports today that a 2% decrease in violent crime across the nation, one reason being the targeting of JUVENILE offenders. Not elderly or middle aged offenders. My tax money pays for prosecution and incarceration.

-- Posted by Seadog on Tue, Jan 8, 2008, at 11:18 AM

My heart goes out to the McClard family. They have been through hell. It's not a time to pass judgement, put yourself in their place, they have just lost a son, a brother, a grandson, etc. Yes, what he did was wrong, but now we need to, as a community embrace this family and show some compassion. You never know when the shoe may be on the other foot.

-- Posted by ashley63755 on Tue, Jan 8, 2008, at 11:20 AM

Peace seeker,

I do not blame Swingle for any of this.

As a citizen and a voting member of society

his past mistakes have caused me to dislike his work ethics and that my friend is on me!

My wish is that someone will step up and run against him.I do not have time or space to explain in detail but I do respect your opinion on this subject.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 11:20 AM

OlderEagle,

Sane people become depressed people when they think about being Buba's boyfriend.

notfromhere,

For someone not from here your sure are well informed.

editor4documentary,

This is not a rich man poor man thing. Also Nathan Cooper didn't shoot an unarmed man. Every one should know our prosecutor hates guns and will use his powers to prosecute any violations.

Capecop,

You are right.

deesalt,

CAP LOCK IS ABOVE THE LEFT SHIFT KEY. You are right about the gossip but this is everyone's business and hopefully it will make someone think before doing a crime.

-- Posted by Who Me? on Tue, Jan 8, 2008, at 11:38 AM

Geez, some people are truly warped in there minds. Editor4Doc, Morley is the most aggresive prosecutor out there and one of the best in MO. We are beyond thankful for him as he does not allow slap on the wrists for major crimes and he sends the message very clearly "If you cant handle the time, then dont do the crime". But most people loose touch with that until they are a victim. GREYWOOLF's comments are hilariuos. That person is a true example of why people should stay off drugs. If WOOLF had its way we would live in a free for all society where anything goes. Once again GREYWOOLF go ask a crackhead what the first drug they tried was. Or maybe you can ask yourself. All I see here is tax money saved! P.S. GREY we dont get the money for your fines for Possession. Study up on it, it goes back to schools and community projects. Also GREY, WHEN you do get popped for Possession, just remember the cuffs may feel tight but they stretch after awhile.

-- Posted by CapeCop on Tue, Jan 8, 2008, at 11:45 AM

Has anyone noticed the tear drop tattoo below McClard's right eye? Of course I could be imagining things, but the tear drop tattoo has a meaning among offenders and former offenders. Just curious.

-- Posted by Red_Rhino on Tue, Jan 8, 2008, at 12:00 PM

First off, I love debates like these.

Deesalt-You say you are a successful woman, then why can't you use correct grammar??

Anyways, here is my two cents on this subject. I found it funny how this kid's grandmother made it a point to talk about how he went the easy way out and now is in a better place. If you are a Christian, you know that suicide is an unforgivable sin.

As far as Capecop is concerned, I have no respect for any of the Cape Girardeau police force. I was verbally degraded and cussed at by an off-duty Cape Police Officer at the mall for not moving for her to get a better parking lot. She started yelling at me telling me who she is, and when I told her I was Military Police in the Army, so no big deal that she was a Cop, she went in a violent verbal outburst. As far as Marijuana is concerned, it isn't bad. Get over it. Like a previous posting said, if it wasn't for MJ, you wouldn't have a job. The PD can't hack doing real investigative work, so you stick with the easy stuff.

I have no qualms against Morely Swingle. All DA's have to make a name for themselves in order to keep their jobs. If teenagers want to make idiotic decisions, then they need to pay the piper. I know when I was 14, I was making decisions on my own. If anyone here thinks that teenagers are children, then stop making them get jobs and let them be kids.

The murderer is dead. He went out like a coward. Too bad the victim's family couldn't see him do his punishment.

-- Posted by chaffeemp on Tue, Jan 8, 2008, at 12:00 PM

Where was all the outpouring of love for this boy before he was planning a murder? Where was it when he carrying the sentence he imposed on another teen? Someone doesn't just turn into a murderous monster overnight. There was a serious void of direction and love in this boy's life. Instead of pointing a finger at Mr. Swingle or "the system" please take a closer look at the arm to which that finger is attached. This boy was failed by his parents, grandparents, and all who had a chance to help produce this loving Christian individual that you now speak of post-crime and unfortunately posthumously.

-- Posted by davereynolds on Tue, Jan 8, 2008, at 12:02 PM

Cape Cop,your last statement reinforces my belief that The Police have too much power in this Country!I will not argue the decriminalization of marijuana with you!Its useless.I am much older and wiser then you it seems.Thanks for your comments and your bad attitude which is prevalent among most Cape Police officers!Just do what your superior tells you to do like a good little doggy!Oh and by the way,I have never been arrested.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 12:04 PM

****** offteen,

This forum is no place for such profanity. I too often disagree with greywolf, but that is no reason for such language and personal attack. He has as much right to his opinion as anyone. I find it interesting and somewhat telling that you use such language and then invoke religion.

-- Posted by Red_Rhino on Tue, Jan 8, 2008, at 12:07 PM

Tear drop tattoos

The teardrop tattoo is typically a prison tattoo. Traditionally placed next to the eye, either left or right, this striking mark makes its wearer appear to be permanently crying.

While many prison tattoos are ethnicity specific, the teardrop is seen equally across the board.

Originally, in North America, the teardrop meant that the wearer had committed at least one murder. In some places, it meant that the wearer had committed a murder in jail. This tattoo then had the power to warn away other convicts, and establish an image for the wearer, of self-defense that is imperative in the prison system.

This symbol has evolved to represent family or friends of the prisoner who have died while the wearer is incarcerated. This is a very different implication, as it represents true grief, rather than an morbidly ironic gesture. When the tear drop represents the death of a loved one, the tattoo implies that the wearer is unable to cry real tears while in the prison system, and must use ink, instead.

Sometimes described as meaning 'a mother's son is gone', the teardrop represents death in both North American examples.

In Australia, the teardrop has an entirely different meaning. It is forcibly marked on convicts who are accused child molesters. This mark is then used as a justification for the beatings and abuse of the wearer. The teardrop in this case, represents the tears that the convict will cry, eternally

-- Posted by Who Me? on Tue, Jan 8, 2008, at 12:09 PM

I think we should watch our language in a debate such as this.

-- Posted by captainmysterious on Tue, Jan 8, 2008, at 12:13 PM

davereynolds said it all.

-- Posted by CapeRacer on Tue, Jan 8, 2008, at 12:15 PM

Hey Chaffeemp, as a citizen and resident of the City of Cape Girardeau it gives me great pleasure to extend this invitation to stay the hell outta my city. You are not welcome in Cape Girardeau anymore. It is my duty as a responsible citizen of this town to relieve you of any invitation you received to come here. I highly doubt any police officer (off duty or no) verbally assaulted you for a parking space at our grand mall. If they did, chances are you were f*ing up some how. There are malls in STL and a Wal-Mart in Jackson...you may go there. We do not need you clogging our streets and chances are you were not spending that much to contribute to our tax coffers. Thems the brakes.

"Cast off your shoe and follow the gourd!"

-- Posted by MrSnootyMcHandlebags on Tue, Jan 8, 2008, at 12:49 PM

wow....these comments are more entertaining than a Jerry Springer episode....keep up the good work!

-- Posted by equaljustice on Tue, Jan 8, 2008, at 12:50 PM

To "Who Me" I dont really need you telling me where the cap lock key is. I'm not an idot. So what if I used all capitals on here. Is that really the issue we're talking about. If all you people have to come up with about me is some capitals and miss spelling then I guess I got my point across. By the way, I am a christian and I know sucide is a sin. I never mentioned anything about that in what I wrote so to the person that commented about that, you need to go back and actually read what I said. I never said that he would go to heaven or anything I just simply said I was a christian. I guess I should have just left that out cause it really doesn't matter in this so called debate anyway. Also, hasn't anyone ever heard of getting in a hurry when you type. Mistakes are common!

-- Posted by deesalt on Tue, Jan 8, 2008, at 1:06 PM

Chaffeemp,

contrary to what Mr.snooty says,As a Citizen of Cape Girardeau who is involved in the community,a registered voter,Veteran of a foreign war and

taxpayer you are WELCOME in Cape 24/7.I am not suprised at all by your comment!I am in a position where I here this type of story more often then need be!It seems Mr.snooty

needs to be more considerate to our fine neighbors who help make Cape Girardeau a fine

City.He lives at walgreens in that perfect world of theirs and he thinks that police officers are without indiscretion!Seems that too many think the job gives them the power to do and say what they want!I think that far more testing mentally needs to be done before a person can where a badge or a GUN!

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 1:10 PM

Everyone look how sick, I believe Morly Swingle to be. He posed in frount of someone bening killed and is happy about it. If this does not prove how sick this man is nothing will.

http://www.showme.net/~capegadm/pa/INETL...

-- Posted by kissrules2001us on Tue, Jan 8, 2008, at 1:13 PM

Deesalt,

It seems the Missourian removed one of your post.You know!the one where you cursed me and treated me less then human.You have described yourself as a Christian or did I read your post incorrectly?I do not doubt your saved by Grace but perhaps you should not be such a hypocrite while posting on this media.I will add you to my Prayer list.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 1:26 PM

I for one have never had much of an issue with the police in Cape. For the most part in bothe personal and preofessional dealings I have found them to be curteous and helpful.

That being said I have seen rudeness. I think that is the personallity of some officers. Just like it is the personality of some employees at Wal-Mart, some lawyers, doctors with poor bedside manners, and a host of other individuals we all come in contact with.

Chaffeemp, if you are indeed military police surely you should know better than to over generalize...that would seem not to be a very sound investigative method.

Point being when we do encounter individuals with more power, whether through a gun or a badge, and they are rude we, as individuals, take more offense.

Ask someone who has tried to get help at DFS of Scoial Security if they ever ran into rude people. Because people at these institutions have perceived power their rudeness will leave an indelible mark on our consciousness.

-- Posted by SWBG on Tue, Jan 8, 2008, at 1:29 PM

Older Eagle: Actually, suicide used to be a criminal offense.

Greywolf: You didn't explicitly state that, but it's inferred from your comments. If you don't feel anyone under 21 should be considered an adult, then either you are in support of anyone 17 to 21 being held with other juveniles OR you are an advocate of a third system that deals specifically with the 17 to 21 group.

Also Greywolf, until you learn to use proper spelling, grammar, etc., let's not poke at another user's "comprehension", shall we?

-- Posted by just_winky on Tue, Jan 8, 2008, at 1:32 PM

At the risk of becoming the most unpopular person posting here today, I would like to respond to portions of this editorial:

To the editor:

Jonathan McClard was a Christian having accepted Jesus at an early age.

*And this is how he demonstrated his "christian" rearing?*

He was a wonderful BOY and not a man as has been alleged.

*Under Missouri law, he was an adult.*

He strayed badly from God. As we all have our struggles, so did he.

*When I struggle, I don't lure people to their near death and then drink a soda as they lay bleeding out.*

Because of the injustice of our legal system and some people promoting themselves instead of thinking of others, Jonathan saw no hope and saw himself going into hell on Earth.

*no, as a result of the proper function of the legal system, a criminal was tried and convicted of a violent crime and was given an appropriate sentence as prescribed by law.*

According to the St. Louis Post-Dispatch, Jonathan was the third-youngest inmate being held in adult prison in MIssouri. We were hoping people in court would take the recommendation of the director of the Department of Youth Dual Jurisdiction Program who testified in court on Jonathan's behalf. Instead, he got themaximum sentence possible.

*And?*

Jonathan had been reading his Bible and was coming back to God.

*Doesn't the Bible discourage suicide?*

He saw a way out and a way to put himself in a much better place. He took himself directly to God where he is now. There is great comfort in that for all of his family who know God because we know we will be reunited. There is great pain and suffering now. His life has been cut short and the potential of what he could have contributed with maturity is now gone.

*This is your opinion.*

Carol McClard,

Jonathan McClard's grandmother.

-- Posted by just_winky on Tue, Jan 8, 2008, at 1:39 PM

I can't help but wonder if there was this outpour of grief for Joshua Wolfe, the 16-year old who shot and killed his grandmother some 8 years ago and then burned the house down in an attempt to cover up the crime.

No. He was tried as an adult and sits in the Missouri DOC to this day. THIS is where a violent offender deserves to be.

-- Posted by just_winky on Tue, Jan 8, 2008, at 1:41 PM

I apologize ahead of time if I offend anyone with my comments as I am not from your area.

From my point of view the punishment was just and fair. He attempted to kill another person in a premeditated attack. He thought this through & new what the punishment would be. They claim he was a smart kid and I am sorry I do not agree. If he was a smart kid then he would have thought about the ramifications of his actions and perhaps thought twice before acting on it. The fact that he committed suicide is very unfortunate and I feel for his family.

-- Posted by george85 on Tue, Jan 8, 2008, at 1:43 PM

Editor if you are suck a Christian that you say you are then you should now that the Bible says that any man who takes his own life should suffer. Therefore, this young man is in hell. Where he will spend eternity. People should stop saying what they think they know and read the Bible and find the truth.

-- Posted by kim_2000 on Tue, Jan 8, 2008, at 1:48 PM

The bottom line is this is a tragedy for both boys and it illustrates a society that has become so immoral that mainstream music is vulgar and violent, the latest fashions border on soft porn, and drugs and sex are glorified on television. Jeremy and Jonathan are product not only of their home life but of the society as well. It is definitly not 1952 or 1982. When kids become teens their parents are not the main influence in their life but are replaced with their peers. You can put all the blame on the parents but that is too simplistic. I know of parents that work hard to raise their kids right but when these kids become teens stop listening to them and stray.

-- Posted by notfromhere on Tue, Jan 8, 2008, at 1:50 PM

notfromhere,

I beg to differ just a tad. Think back to the 60's and 70's. That was the start of the drug culture. Think of many of the atrocities in the country at those times. Not just Vietnam but things like Charles Manson, Kent State, lynchings...

Mankind has always been violent. We also now live in an age of the proliferation of information about such atrocities. It make things appear worse than years ago.

-- Posted by SWBG on Tue, Jan 8, 2008, at 1:58 PM

Wow. Hardly anyone so far has used proper grammar. A quick note: when referring to a group of people, the correct word is "their," not "there." All of this name calling is silly. The facts of this whole case are disheartening. You can't blame all of a child's actions on the parents. Travis Hershey, back in the day, believed that all of the behavior problems in the world were the cause of a child's upbringing. This is just not the case. I was brought up in a perfect household, as was my brother. He did great all the way through, whereas I ended up in prison for cooking meth. Was that my parents' fault? No.

What is disturbing is the way that Morley "king of the land" Swingle comments on these cases. Why can't he simply say that the case is a tragedy, and that he feels for both families? He has proven time and time again that he has no compassion for anyone. The fact is that NO ONE is an adult at 17. If you have access to someone that age, ask them a few basic questions about life and the "big picture" and see what kind of answers you get! A kid that age will be an instant pin cusion in an adult prison. What this kid did deserves punishment, but he should have been kept somewhere for a couple of years until his body was developed enough to protect himself. It blows my mind how hateful Morley "king of the land" Swingle is, even though he writes fluff books as though he is a normal guy.

-- Posted by hambone on Tue, Jan 8, 2008, at 2:03 PM

hambone: I agree with you 100%.

-- Posted by kissrules2001us on Tue, Jan 8, 2008, at 2:47 PM

First I would like to say that the person that decided to attack the Catholic Religion needs to really chill. It's rediculous to bash on people's religions especially when they weren't bashing on yours.

I agree that this man should've been punished. He PURPOSELY shot another young man, not once, but three times. In every way possible, his punishment should've been harsh. Reguardless of his reasonings, God doesn't promote going around shooting people as a answer to everything. I agree that too many "kids" these days think they can get away with anything and that's where this world is coming to. Do I agree that he should've been to a maximum security penetentary? No I don't. Should he have been given a harsh sentence... Yes. People to have a chance to change, but this young man deserved to sit and think a LONG WHILE about what he did and the pain that he put the other young man through along with his family. My heart does go out to Jonathan's family. What he did was extremely selfish of him to take his own life and he sure wasn't thinking about his family when he did that. He could've very well gotten out earlier than 30 years on good behavior and showed the entire state how people could change, but he chose the "easy" way out. Like I said, my heart goes out to his family for their loss, along with Jeremy and his family too.

-- Posted by supportyourtroops on Tue, Jan 8, 2008, at 2:52 PM

Jonathan McClard sentenced a young man, Jeremy Voshage, to a life of suffering by putting three bullets in him. Jonathan decided he didn't want to suffer 30 years, let alone an entire lifetime. He made the choice to severely injure someone else and he made the choice to end his own life rather than suffer the consequences of his actions. Now his family says he shouldn't have been going to an adult maximum security prison. Well, he shouldn't have shot an innocent person three times. When is that family going to realize they need to stop blaming everyone else and start looking at themselves. Maybe if they had done that years ago, Jonathan might not have tried to kill someone. And arrogantly so. It was almost as if he felt he was justified shooting Jeremy over a girl. And now it seems his family feels they are justified in their feelings that he was a kid not an adult. He tried to kill someone. He didn't care about the suffering he caused. What if he had done that to your son. Would you be so generous in saying that he shouldn't be treated as an adult. It seems now that the parents and grandmother are going to try to blame the prison officials for not stopping him when he killed himself. Well, why don't we blame his parents for not stopping him from trying to kill someone else.

-- Posted by dixie on Tue, Jan 8, 2008, at 2:58 PM

Hey Winky,

I never comment on your use of the English language nor would I to others!I think everyone understand the post without critiquing each others spelling or usage of the language. That being said,I will however use the word "comprehension"when someone does not pay attention to something I have posted.If however,this upset you I do apologise.I try my best to be civil to everyone here as I would expect from them.Privatization of the penal sytem could justify seperate institutions to be built so that we can house

teens seperate from adults.The system in place is broken and it needs fixing.I respect your opinion and will agree to disagree.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 3:11 PM

HE MUST HAVE NOT BEEN MUCH OF A CHRISTIAN. HE SHOT ANOTHER MAN THREE TIMES OVER A GIRL! IF HE WAS SUCH A CHRISTIAN THEN WHY DID HE DO IT? WHY DO PEOPLE DEFEND CRIMINALS!

-- Posted by JaxIndians01 on Tue, Jan 8, 2008, at 3:13 PM

Hambone,

your post was well written and right on the money!Sounds like you have paid your dues and well on the way to enjoying life without

Meth.Congrats.

-- Posted by GREYWOLF on Tue, Jan 8, 2008, at 3:18 PM

hambone: I know some 30-something's that don't know answers to "life" questions. I don't think you can use that as a determining factor in whether someone is an "adult" or not.

Bottom line: Missouri law looks upon 17-year old individuals as adults. I'm comfortable with that. Don't like it? Lobby for new a new law or move.

-- Posted by just_winky on Tue, Jan 8, 2008, at 3:56 PM

JaxIndians01: You said because John shot someone he must not be that much of a Christian. However, the Apostle Paul, who wote a lot the book of the Bible KILLED christians prior to his conversion. So, your arguement that John was a poor Christians is not true. Unless you want to say the Apostle Paul was a no good Christian.

-- Posted by kissrules2001us on Tue, Jan 8, 2008, at 3:58 PM

It is not our place to judge who is and who is not a Christian, and what condemns one to hell. That job belongs to God. If a person murders, but sincerely repents, they will be forgiven.

Nowhere in the Bible does it say that if you commit suicide you automatically go to hell. Let's leave that decision to God.

For those of you commenting on McClard's Christianity, remember that in God's eyes, all sin is equal - murder is the same as lust is the same as lying is the same as stealing. That is hard for us as humans to comprehend, but it is what the Bible says. Many great people in the Bible murdered, but went on to be great servants of God. You will be judged in the same manner you judge others.

I'm not speaking of his guilt in this crime or in the penalty he was assigned for it. I am talking about the condition of his soul as God sees it. You have no way of knowing.

-- Posted by chocolatte on Tue, Jan 8, 2008, at 4:03 PM

Hambone-

Your thoughts are not right on the money. If you understand any of the pathology of a crime like this or a person capable of a crime such as this then you know that "good" parents, grandparents, family, etc. don't raise teenage would-be murderers. The events of this tragedy alone are evidence of their failure. The idea you present is not even relative. How can you honestly compare drugs to the attempted murder of an innocent human being? Just my thoughts.

-- Posted by davereynolds on Tue, Jan 8, 2008, at 4:18 PM

Short White Guy,

I agree with you. Violence and drugs were a part of our history back in in the 1960s and 1970s. But there is a difference from today. Back then people were not exposed to violent video games, television. I remember a time when cuss words word not allowed on television at all. Watch any show today and you will be innundated with them. And these are shows shown during the family hour! Most songs that teens listen today are filled with extremely violent lyrics and even the sound of gunfire in the background. In the 60s and 70s you just didn't hear that. Most inportantly teens today are constantly exposed to these things and they do influence the way they think and deal with problems in their life. I stand by what I say. Our society has become more violent then ever. The lack of respect for others is commonplace. I know this beause I am old enough to remember how nice the good old days were compared to the world we live in today.

-- Posted by notfromhere on Tue, Jan 8, 2008, at 4:23 PM

It is sad that the boy committed suicide but....it is obvious and disappointing the boy never was shown the way to manhood. It would appear by his actions he had no respect for his fellow man with the crime he committed and was never held accountable for his behavior in life. He had no mommy to save him from his actions now and had to pay the consequences or take a cowards way out. Being on drugs and straying from the herd is no excuse. Right and wrong is black and white. If you commit the crime, do the time.

-- Posted by SEmatador on Tue, Jan 8, 2008, at 4:27 PM

Jonathan McClard's parents, still stunned by their son's apparent suicide in prison, are looking back, questioning the justice system. And looking ahead in hopes of changing it.

Where was these parents when their son entered a GUILTY plea? Why not enter a no guilty plea and fight it like you are now? Looks like your questioning should have started much sooner then now.

Here's an idea, since they are wanting to change the way kids are sent to the big house for their crimes against society. It would be nice to see them chime at a possible sentencing hearing should the young man in Scott City be found guilty of the charges against him. Since the two boys are ony 1 year apart it would be a shame to see another young individual suffer at the hands of our unfair justice system.

-- Posted by gman on Tue, Jan 8, 2008, at 5:07 PM

This is a quote from the World Health Org.

"Incarceration may be particularly difficult for juvenile offenders who are separated from their families and friends. Juveniles who are placed in adult correctional facilities should be considered to be at particularly high risk of suicide."

Knowing this young man was at high risk of suicide. It seems criminal that he was not more looked after. The Judge, Morly Swingle, and the Guards. All have experience dealing with Juveniles and KNEW he was at a high risk and faild to do any thing about it. I believe charges of Criminal Negligence should be filed on all of them.

-- Posted by kissrules2001us on Tue, Jan 8, 2008, at 6:29 PM

I work in a correctional facility and like lots of people will tell you who work there also, younger offenders are more hateful, insulting, foul mouthed and get in way more trouble and start way more fights that the older offenders do. They don't learn from their mistakes so what? Let's let them hang out in a juvenile facility where they sure don't learn their lesson. This kid got what he deserved and it is sad that he took the easy way out. I have seen rich kids come through the system and poor kids come through the system and none of their up-bringing had anything to do with their crimes. Some parents refuse to admit their kids have problems, which just helps the kids out and others try real hard to get their kids help and the kids don't want it, so who is really to blame here? Not the parents, not the system, it is the one who pulled the trigger.

-- Posted by local-citizen on Tue, Jan 8, 2008, at 6:39 PM

TO KISSRULES2000

This guy killed someone and yes, he could have been suicidal, and so could you for that matter, older people get suicidal too, so what are the corrections staff suppose to do, lock everyone up on suicide watch, take their belongings and all of their clothes, if you think that is the way it should be, then you can set and listen to them cuss and call you names all day......they have to have a reason to put them on suicide watch or the offender has to tell them he has been having idealations about it. If they are not told, they do not know!!!!

-- Posted by local-citizen on Tue, Jan 8, 2008, at 6:43 PM

local-citizen: Thank you, you have proved my point!!!!! You said YOUNGER inmates are more hateful etc. Now, why is this? It is because they are not adults. They do not think like adults they are children. Therefore, they should NOT be treated like an adult but as a child. In my op. you are the typical person that works in the Justice System. Once someone makes a mistake in their life you are ready to throw them out and their life means nothing to you. How very sad you are.

John made a mistake, a very bad mistake, and he should pay for that mistake. However, he should NOT be treated like an adult but as a child.

-- Posted by kissrules2001us on Tue, Jan 8, 2008, at 6:57 PM

"if you think that is the way it should be, then you can set and listen to them cuss and call you names all day"

Listen they knew what the job was all about when they signed up. People in jail are not going to like the guard. To think differently is just plain stupid. Even if someone calls you names spits at you. You should treat them no differently then any one else.

And Yes, if someone is of high risk of suc. then yes it is your job to look after these people. The criminal Justice System locked them up. The have the respon. to look after them.

Furthermore, if you are so bitter about your job quit. You work around people that hate you. Of course they are going to call you names, get over it. Just because they have a bad attitude does not mean they do not deserve proper care.

-- Posted by kissrules2001us on Tue, Jan 8, 2008, at 7:02 PM

I still say the two young men (yes, men) involved in this episode are the product of an overly lenient society. They obviously never learned the concept of respect and I feel most of us don't do a very good job of teaching this, especially outside our own home.

I see many on here wanting judicial reform when, in reality, Swingle is doing just that. He swings for the fence - every time -no surprises. You may not like it but it is a change and it should definitely be a deterrent to other similar actions.

Childish actions are spur of the moment or a prank that goes wrong. And yes they sometimes end in disaster. But, they are not premeditated, intricately planned and executed assassination attempts.

McClard knew exactly what he was doing and thought he could just breeze right on through by playing the "underage" trump. Thanks to Swingle and the judge that didn't happen.

I feel for this young man's parents for they have suffered a tremendous loss. At the same time I won't lose a minute of sleep over him because that's just one less hoodlum I have to worry about harming, intentionally or not, my family or friends.

This young man didn't make it that far, but I think a noose should be standard equipment in every maximum security cell. Just in case there are other like minded inmates.

-- Posted by malan on Tue, Jan 8, 2008, at 8:06 PM

So many of these comments are way off it is ridiculous. 1st Swingle knew he had a case wrapped up so he could run home and write another book. Jonathon was a Christian and I know he is in heaven. He is my family!!! Read the Bible it plainly speaks of once saved always saved. He made a terrible mistake, we all do. He got 30 years and that kid isn't even dead. My son murdered, shot in the back his killer (because swingle didn't want to work hard enough to get the TRUTH) got 7 years!!! Where is the justice? There isn't any not around here unless you have money. FACT! I will join this family in changing these laws so children, yes children do not have to be subjected to a system where they risk beating, raping and possibly death from adult institutions. Jon was not in his right mind get your facts straight. As the media tends to only give information to sway individuals to their line of thinking. We are at peace knowing he is with our lord. The Voshage boy is alive and well and will live a full life.

-- Posted by aroundtown on Tue, Jan 8, 2008, at 9:02 PM

I won't repeat or debate all the other entries on this blog, but I do take exception to aroundtown's comments, to wit: 1) "He made a terrible mistake, we all do." Hardly! If we all made this serious of a mistake, half the population would now be in a wheelchair! 2) "The Voshage boy is alive and well and will live a full life." Again - hardly! If your sentence had ended with "The Voshage boy is alive." it would have been more accuarate. He is not WELL and apparently never will be. And he may indeed live a full, useful, productive life, but it will never be as much as it could have been.

-- Posted by nuit_de_trois_chiens on Tue, Jan 8, 2008, at 9:21 PM

@aroundtown - quote: "The Voshage boy is alive and well and will live a full life."

I am speechless. I mean, I.... I..... nope, I'm speechless. Amazing. What vapidity.

-- Posted by Ignatius Reilly on Tue, Jan 8, 2008, at 9:24 PM

I hear ya, Ignatius!

-- Posted by nuit_de_trois_chiens on Tue, Jan 8, 2008, at 9:27 PM

This is long but worth reading all the way through!

I guess some of you think that every facillity that houses anyone at risk of suicde(which is any thing from corrections to a nursing home) should have one staff for every inmate/patient so that they might sit there and stare at the person 24/7 and stop them from killing themself... which would make the staff want to kill themself also so you need somone to watch them also... but if they ran places like that they would be sued for invation of privacy. How long do you think it takes to kill yourself(don't try it)? Who in there right mind would enjoy getting cussed at and putting up with the hell-on-earth that is working at one of these places... someone who has a deep caring for trying to help people or someone with not too many other job oppoutunities so lets back off of the staff and focus on the problem... It is not always the parents fault but if this family wants to start pointing fingers and punishing people where were they at while there angel was ruining this other "boy's" life(along with his own) by getting his hands on a gun & ammo and luring this other "boy" to his demise? I bet it took alot longer to get that done than it did to end his own life! His life ended when he pulled that trigger multiple times, not when he killed himself in that sell, and not when the courts followed the letter of the law that has been in place for quit some time by the lawmakers that we have elected. Watch you child every single minute of ervry single day like you want the staff at the facillities to do or run for office and get some real gun control in place! Don't lash out and blame everyone who only got dragged into your "boy's" life after he effectivly ended it! It is a terrible loss for you and your family and I can only imagine how you must feel and hope to never ever feel that kind of pain but step back and look at the big picture and... Get-real!

-- Posted by Get-real on Tue, Jan 8, 2008, at 9:48 PM

I suppose it's easy for you to say all these things about someone you didn't know. He was my family. I have the same blood running through my viens. I'm not stupid I know what he did was wrong and that he needed to be punished for it but he is gone now. It is over. I had to tell him goodbye today. I wont make exscuses for what he did but he was still a human person, young and confused. It's easy to sit up on your high horses when you don't grieve for him. Please just let this and let him go.

-- Posted by recovered66 on Tue, Jan 8, 2008, at 10:47 PM

read right here why our society is so violent. read the troladyte knuckle dragging comments on the tragic death of a young(yes) child. in most parts of the world placeing incarcerated children with adults is a common sense taboo. in any society deviation is going to occur, stop killing people. stop bombing people for it and the many jo-nathan mclards would be alive today. america is the only country outside of places in africa and ubeckistan and remote parts of europe that kill you for everything imagineable, almost savage in thier response to deviancy and it has not and will not solve anything. jo-nathan was a brilliant kid. he was able to pick up on the killing mania of his society before his 21st birthday. the lesson of gun toteing america is if it moves kill it. if you are angry kill them. no you say? prove it. grandmother carol I love you and am pained at your grievous loss.stand strong against those who attack your grandsons developement for one mistake. you and i both know that they all have sinned and got away with it. please file a suit against the state for negligence there is no way that you can loose and you will be surprised at what your attorneys will uncover regarding the malfeasance of the prison personel no matter what people say on here. the state is responsible for your loss. let me ask you newcomers to cape justice this.do you know how long morley swingle has been around? silly rabbit swingle actually said that there was "no chance of rehabilitation for this kid." what a dummy. do you remember one of the most corrupt devious public officials in history who had all kinds of smut on other public officials so that he stayed in a taxpayer supported position blackmailing everybody for decades. if you guessed j.e.hoover you are on the money. in the case of morley swingle..power corrupts and absolute power corrupts absolutely. the judge who gave that young confused child 30 years ought to be tarred and feathered and run out of town on a rail. shameful corrupt republicans they have no humanity.

-- Posted by wyndiciti on Tue, Jan 8, 2008, at 11:02 PM

I am sorry both both youth died. However, it was the right decision to prosecute McClard as an adult. It wasn't just Swingle that made this decision. It was also the judge and the entire legal system.

People that are too close to the parties shouldn't be making the decision as to whether or not he should be ruled an adult or a juvenile.

Again, I am sorry McClard died and my sympathy goes out to his family. I also feel badly for the family of the person McClard killed.

-- Posted by SEMissouri70 on Tue, Jan 8, 2008, at 11:05 PM

We have some idiots on here who claim to be Christian and don't know what they are talking about. I was raised Christian, but I don't claim to be a hard charging Christian. However, I do know quite a bit about the Bible. First off, murder is a sin. Suicide is murder. How can someone ask for forgiveness of their sins if they are dead? There entails that this kid is in Hell.

As for the Goomba who stated that once saved, always saved, you need to relook your stance as well. You are basically stating that since I was saved as a teenager, I can go kill as many people as I want, commit suicide, and I will still be allowed in Heaven. Not gonna happen buddy.

This is going to sound horrendous, but I have not one bone of sympathy for this guy for killing himself. He is one less body that my taxdollars have to pay for. Everybody talks about how he was getting his GED, was going back to college, etc.. I am one who believes that they shouldn't get these oppurtunities as the cost of the taxpayers. If he wanted to participate in these PRIVILEGES, his family should have to pay for it. This annoys me especially now since it is now a waste of money.

The guy is dead. One less violent criminal for the country to worry about. As far as reforming the laws, nothing will happen. How many times do you think that people get ****** off because something close to home affects them, and want to go on a crusade to make a change?? You won't make a change, because the common civilian will know that the law is correct.

-- Posted by chaffeemp on Wed, Jan 9, 2008, at 2:06 AM

This is taken from sermon by Denver Cheddie:

There is one sin that is unforgivable -- blasphemy against the Holy Spirit (Matt. 12:31, 32). 1 John 5:16, 17 also speak of a sin unto death. The context of 1 John suggests that John has in mind apostasy as being that sin unto death, for which there is no forgiveness (cf. Heb 6:4-6; 10:26). It is difficult to say exactly what blasphemy against the Holy Spirit is, but I believe it is the same sin as apostasy. In any case, neither passage implies that suicide is the unforgivable sin.

Suicide however is unique in that it is difficult to repent of it after committing it. This raises the question of whether repentance is necessary for forgiveness. It is necessary for forgiveness in the sense of reconciling broken fellowship with God (Isa. 59:1, 2). Confession of sins and repentance are necessary to maintain an open relationship with God, not to maintain salvation. The context of 1 John 1 is fellowship with God (vs. 3). But as long as we are in Christ, the blood of Jesus continually cleanses us of all sin (vs. 7) whether or not we repent. We should confess our sins if we desire an intimate walk with God, but even if we do not, our salvation is not affected. Thus suicide is forgivable.

-- Posted by kissrules2001us on Wed, Jan 9, 2008, at 3:21 AM

Also chaffeemp Paul from the bible killed many christians and he is in heaven. So, just because you have killed a person does not mean you will not go to heaven. As a matter of fact. If Hitler him self the moment before he died repented of his sins and accepted Jesus. He is also in Heaven.

-- Posted by kissrules2001us on Wed, Jan 9, 2008, at 3:36 AM

I'm new to this forum. I posted yesterday but evidently broke one of the rules because it seems that my post was removed. I really just wanted to say to both of these youngsters' families how sorry I am for the situation they find themselves in today. To Jeremy and his family, I hope you continue to improve and recover. To Jonathan's family, I hope you can find a way to heal. I will continue to pray for all of you.

-- Posted by Jackson_Mom on Wed, Jan 9, 2008, at 6:38 AM

What everyone is not seeing in this entire situation is the boys parents are not sayiny that he shouldn't have been punished, they are not condonning what he did in any way. The boy pleaded guilty to his crime and was ready to face the consequences but was given bad advice and thought that it would be through double jurisdiction allowing juevenille to have him until 21. They thought he would get help, instead the prosecuting attorney went to make an example out of this child. You shoot someone and kill them hire an attorney and fight it by pleading not guilty and you usually end up with a plea bargain and a 20 year sentence, he shoots someone and they live he gets 30 years. No one person was at fault, no he shouldn't have took the gun and shot the other boy, the other boy should not have agreed to meet him for a fight, the girl should have not played games with the boys in the first place, the parents should have never allowed a 16 year old access to a firearm unless with an adult. This kid while not insane was emotionally disturbed and should have been treated that way. The victim didn't ask to be shot nor was it fair to him to go through months of rehab but remember he did agree to go fight, he agreed to go meet McClard knowing the boy was upset. Is he to blame no but he needs to be held accountable for his actions as well. What if they would have just fought and he hit McClard hard enough to cause brain damage would he now be serving a 30 year sentence for his actions. This whole thing is wrong from start to finish and in the end the parents are the one who are suffering the most. They have to live with the mistake their son made, they have to live without their son. To them he isn't the cold blooded man the prosecuter and many people are making him out to be he was a kid with a future, the kid they loved and always will. Would you quit loving your child if they did this?

-- Posted by semoangel70 on Wed, Jan 9, 2008, at 8:02 AM

Many of you are arguing things that are completely irrelevant. Yes, Jeremy got into his fair share of trouble...as many teenagers do. Yes, he agreed to meet John to fight, again, as many teenagers do. However, that is NO excuse for being gunned down. At 17, he was sentenced to a life of being disabled. I'm not sure many of you even know to what extent he is injured. Yes, he is angry about that (as most anyone would be). He's angry about being put into a wheelchair at 17 years old. He's still upset about all of the things that he is not able to do, as a result of a sentence that a 16 year old boy handed down to him. He also said the other day, after finding out that John had committed suicide, "tell his family I'm sorry...".

I really wish that everyone would shut up with their comments about his family and his parents and whatnot. Unless you KNOW his family and his parents, you have no room to say anything about them. His entire family, including his mother, have given their condolensces to John's family many times over since the incident occurred. I'd like to see any of you find your son in a bloody mess on the ground, watch him go to the hospital not knowing if he's going to live or die, watch as he goes through the most severe pain you can imagine, and then turn around and be compassionate towards the family of the person who caused it.

I won't say anything about John and his family or the girlfriend who was involved, because I do not know any of them, personally, enough to speak about them. All I'm going to say is that I feel very sorry for the pain that they must have been enduring the past few months and I hope that they can find peace in the midst of all that has happened.

-- Posted by capemom on Wed, Jan 9, 2008, at 8:06 AM

"You shoot someone and kill them hire an attorney and fight it by pleading not guilty and you usually end up with a plea bargain and a 20 year sentence"

This is exactly the attitude that causes a lot of the problems we see today. McClard thought he could get away with it.

There should never be a plea bargain for a capital offense or time off for good behavior. You should be charged for the crime you commit and the length of the sentence should stipulate "with good behavior".

-- Posted by malan on Wed, Jan 9, 2008, at 8:30 AM

BTW, those of you breaking out the thesaurus to make yourselves sound smart.......cut it out.

-- Posted by SEmatador on Wed, Jan 9, 2008, at 8:52 AM

Cape Mom,

Jeremy just wasn't into minor squirmishes with the law. He had an adult record. He was also a known drug abuser and dealer. What kind of future do you think he would have had doing that. He never should have gotten shot. And he also should have never met Jonathan to fight him. He is not completely innocent. It is not as if he was an innocent bystander washing his car. I know his life is difficult now but with the direction he was going it couldn't been worse.

-- Posted by notfromhere on Wed, Jan 9, 2008, at 9:15 AM

I sincerly doubt that anyone here who is advocating that 17 is too young to put into the adult population are indicating that the kid wasn't a bad seed.

I'm not even saying that he didn't have 30 years coming. But, would one more year have hurt? I was considered an adult at 18, seems like that would have been the time to transfer him. Of course, I'll defer to those posting here who can't stand the prospect of someone disagreeing with them - God Forbid!

-- Posted by jakebanzai on Wed, Jan 9, 2008, at 9:32 AM

Welcome to this blog page Capemom. If you are new you don't know that this newspaper, who would scream bloody murder if someone violated their "freedom of the press" routinely violates our "freedom of speech". To this newspaper the 1st Ammendment only applies to them and their idiocy.

-- Posted by momann45 on Wed, Jan 9, 2008, at 7:30 PM

kissrules2001us

So you say he was too young to make decisions.

My daughter is turning 19 and is getting ready to buy her first home on her own. She saved her own money so don't say daddy is helping her. We guided her through life using other people than made bad decisions as examples and taught her to have respect for elders, pick friends that have good values, and use manners. She works full time, pulls 15 hours at SEMO, votes, and can manage money better that me. We didn't let her get lost in the Internet or let her play video games to keep her out of our hair. It was a hard job but well worth it. If something happens to me I know she will be OK.

Today kids are taught these things are not their responsibility but the fault of someone else. The rich man poor man thing has been brought up several times and many parents feed the BS to their kids that they can't reach the top because the rich man won't let them.

The problem today is everyone that didn't take advantage of the opportunities that are there for them start the "poor old me" routine. When these kids are made accountable we hear the "it's not fair crowd" start chiming in.

If you get off your duff and become a responsible person you will live the good life. If not prepare for the consequences.

-- Posted by Who Me? on Wed, Jan 9, 2008, at 8:40 PM

Who Me?: If John would have been 19 we would not be having this debate. However, he was not 19 but 16. At 19, like you said, you can vote and purchase a house. At the age of 16 you cannot even purchase a house because you cannot enter into a legal contract until the age of 18. Why, becuase a 16 year old does not have the mental bearings to do so. Likewise, if a 16 year old does something stupid like John did, he should be treated like a 16 year old not a 19 year old.

-- Posted by kissrules2001us on Wed, Jan 9, 2008, at 10:03 PM

BTW what kind of job does your daughter have. I want a new house also lol.

-- Posted by kissrules2001us on Wed, Jan 9, 2008, at 10:04 PM

kissrules2001us

At 16 she knew it was wrong to shoot someone and knew the consequences.

You can't hang out, blow money, and party with your friends then expect to afford a home. It's not a new house.

People expect the schools to teach their kids right from wrong and how to manage their lives. By then it is too late.

I have had these 17 and 18 year old kids work for me. Some have been responsible and others can't get up in the morning. The responsible ones have nice things and move on and the ones that can't get up are alway blaming someone else for their problems.

-- Posted by Who Me? on Thu, Jan 10, 2008, at 11:19 AM

If you didn't know these boys personally then maybe you shouldn't post your comments on here..maybe no one should... Not everyone knows the whole story we just hear what the news paper tells us...which could even have mistakes.. Johnny was personally one of my friends and yea he had his faults but who doesn't... i hate getting on here and seeing all the hateful things people write..it just kills me to hear that nad do you honestly think his family likes seeing this crap everyday? put yourself in their postion..would you want the whole town plus acting the way some of you guys are..? i think not.. just please think about their feelings & don't judge..no one here is in the right to judge but god and he has already done his deed on judging johnny. God bless you all

-- Posted by sherinka on Thu, Jan 10, 2008, at 8:52 PM

I am not from Missouri but I do get the opportunity through youth justice to preview certain articles and the blogs that go along with it. For some of the responses that I have read here I am appauled. I have a 15 year old son, who at the age of 13 was charged with many crimes and they were attempting to charge him as an adult. I was thinking what is wrong with our justice system that they would see a benefit of sending a CHILD to an adult facility. The human brain doesn't even finsh maturing until the mid 20's and that has been proven by various psychological studies. I have to agree with GreyWolf that if the person committing a crime is under the age of 21 they should be placed in a juvenille facility where there is at least a glipse of possible rehabilitation, if at the point they turn 21 and have not progresed in any programs or have continually offended while in the system then yes send them to an adult facility. This young man we speak of may have done an unspeakable crime and as a mother if that would have happened to my child I don't know how I would feel but I do understand the place wheree his parents are coming from. Children that are given sentences in adult prisons basically don't have a chance and if they do somehow make it out they would have learned more harded crimes and be future offenders because most of the rehabilitation programs in prisons are pretty much inexistant. I say this primarily because I am a Discovery Times jukie and watch several shows that relate to prison and what the state of incarceration takes on a person. Please don't get me wrong, those who commit crimes should be punished but it is the type of punishment that our justice system has to be readdressed in many states. Children do things and aren't thinking when they do them and then after the act has been committed you aren't inside their head having to relive that action over and over and over, that in itself is a sentence that no judge or jury can ever impose on a person. We have to look at the root of the problems to see how we can prevent them in the future. We as adults, parents and role models have to work harder to get into the minds of these troubled teens and give them the guidance they need outside of the family unit because not all children feel comfortable talkign to their families about their problems. God Bless our children and this family they are in my prayers.

Cherie

-- Posted by cheriebreslin on Fri, Jan 11, 2008, at 11:22 PM

I have seen a lot of comments concerning the Jonathan McClard case. But what bothers me the most are the comments from individuals that say how sorry they are for the families involved and will pray for them yet then speak how horrible Jonathan was and that he deserved what he got. Did it ever occur to you that his family may have loved him very much and your comments are very hurtful. Please save your comments for how you truly feel and not give false concern to the family.

-- Posted by notfromhere on Mon, Jan 14, 2008, at 8:43 AM

You're wrong there are many comments about our family. Not just on this blog but others about my brother. I said this once and I will say it again. I have good parents. Jonathan made a big mistake ...a few big mistakes but they were his noone elses. If you look in your bibles you will see that once you are saved you are always saved. I have made mistakes also at a younger age. Not the same kind or as severe but the fact is that God forgave me as I believe he forgave Jon.

-- Posted by RSS08 on Mon, Jan 14, 2008, at 3:29 PM

He got the tattoo for losing his baby.

-- Posted by RSS08 on Mon, Jan 14, 2008, at 3:34 PM

I want the verse in the bible that says suicide is an unforgivable sin.

-- Posted by RSS08 on Mon, Jan 14, 2008, at 3:35 PM

By RAY HENRY, Associated Press. Tuesday Feb. 5, 2008

PROVIDENCE, R.I. - Seventeen-year-olds who were charged with felonies as adults under a short-lived state law will either have their cases dismissed or be transferred back to juvenile court under a judge's ruling released Tuesday.

The decision affects about 100 teens known as "gap kids" who were charged from July to November after Republican Gov. Don Carcieri and the Democratic General Assembly agreed to send the teens to adult courts and prisons as a cost-saving measure.

"It is apparent that defendants' rights were violated by their direct placement in the adult court system," Superior Court Judge Daniel Procaccini said in his ruling.

The ruling means 17-year-olds charged as adults who haven't been indicted will have their cases dismissed. Cases of those who have been indicted will be returned to Family Court, which will then decide whether to send a case back up to adult court.

Public Defender John Hardiman called the ruling a victory. He had argued before Procaccini that sending children back to Family Court where criminal records are sealed from outside view would make it easier for teenagers to later get jobs and apply for student loans.

"Family Court recognizes, as most people do, that juveniles are different than adults," Hardiman said. "They're still growing, they're still maturing, there's hope for their rehabilitation."

Prosecutors opposed the move, saying it would create chaos in the court system.

Facing a $450 million budget deficit, Carcieri proposed sending 17-year-olds to adult courts and prisons. An inmate in the state prison costs an average of $40,000 per year, compared with $98,000 for a youth held at the State Training School, which is run by the Department of Children, Youth and Families.

But the administration never consulted with prison officials before proposing the change. If they had, they would have learned that teenagers held at the state prison are kept in protective custody, away from older, hardened inmates at an annual cost of about $104,000 per person.

The law went into effect in July but was repealed four months later amid concerns it would not save money and would harm teenagers. Opponents have argued that teens have less access to counseling, rehabilitation and education in adult prisons. The repeal was not retroactive, so teenagers charged during the brief window were stuck in adult court.

Procaccini ruled lawmakers had the constitutional authority to briefly subject 17-year-olds to adult court, but said the way the decision was implemented did not follow laws governing the Family Court, which handles juvenile cases.

Defense lawyers for several 17-year-olds argued that the repeal violated their clients' constitutional rights because it created two groups of defendants who are treated unequally.

-- Posted by TG on Tue, Feb 5, 2008, at 3:48 PM


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