Features

Teen’s lawyers say treating him as an adult is unjust

By Seth Hettena Associated Press Writer
Saturday April 21, 2001

EL CAJON – A state law allowing prosecutors to charge a teen-ager as an adult for allegedly killing two students at his high school is cruel and unusual punishment and violates the state Constitution, defense attorneys argued Friday. 

Attorneys for Charles “Andy” Williams said Proposition 21, approved by California voters last year, wrongly gives prosecutors the power of judges, said defense attorney Jo Pastore of the San Diego County Public Defender’s office. 

“The district attorney has made a sentencing decision ... when they decide to file a case in adult court,” she said. 

His attorneys are seeking to have the 15-year-old’s case sent to juvenile court. 

Williams is charged with 28 felonies, including two counts of murder, for the March 5 attack in which he allegedly opened fire at Santana High School in the San Diego suburb of Santee with his father’s .22-caliber revolver. 

His lawyers said it would be cruel to send him to an adult prison if ultimately convicted, although prosecutors said Williams would be separated from the adult population. 

Williams’ attorneys also said Prop. 21 violates the state Constitution’s requirement that initiatives address a single subject. Prosecutors, however, argued that the initiative addresses the general topic of juvenile crime. 

They also said it reflects the public’s growing outrage over youth violence and that it would be wrong to charge Williams as a juvenile. 

“He exhibited the kind of heinous, violent conduct that our society demands be treated as criminal and not the dalliances of a juvenile,” said Chief Deputy District Attorney Kristin Anton. “The defendant chose to take a gun to school. He chose to load and reload the gun several times.” 

Superior Court Judge Herbert Exarhos took the arguments under consideration and said he would issue a ruling April 27. 

Even if Exarhos agrees with defense attorneys and places Williams in juvenile court, the teen could still wind up in adult court. Prosecutors can ask a juvenile court judge to rule that Williams be charged as an adult. 

Williams made his third appearance in court during the hearing, wearing an oversized orange jumpsuit. He said nothing, keeping his eyes down while occasionally glancing at the judge and TV cameras. 

About 20 teen-agers and adults who see Williams as a victim of bullying gathered outside the courtroom. Supporters said he should not be tried as an adult. 

Friends and fellow students said Williams was relentlessly teased for being skinny and having big ears, had recently been in a fight and had his skateboard stolen twice. 

“I look at Andy and I see me at his age,” said Joe Ellis, 18, of Solana Beach. “I feel for him. I know what he’s going through.” 

Williams’ supporters have created at least two Web sites and sent hundreds of letters and e-mails to him through his attorneys, said Linda Miller, a spokeswoman for the public defender’s office, which represents him. 

Steve Trotto, a real estate investor from Shrewsbury, Mass., founded the Save Andy Williams Coalition and plans to move to San Diego to monitor the trial. 

“There’s no excuse for what he did. He took two young precious lives,” said Trotto, who added that he endured similar abuse in high school. But “everyone wants to jump on the bandwagon because it’s so easy to send kids to adult prison.” 

Friends and family of the two boys killed at Santana, Bryan Zuckor and Randy Gordon, attended the hearing. Zuckor’s aunt, Carol Lynn Briens, said Friday she has collected more than 1,600 signatures on a petition to have Williams tried as an adult. 

“The most cruel and unusual punishment that directly resulted from Williams’ own hands was that Williams decided on his own to inflict the death penalty on two innocent juveniles,” she said. 

If he’s sent to juvenile court, she said, the message to other abused and harassed youths would be, “Go ahead and kill, you’ll feel better in the long run.”