By PAMELA GOULD
Kyle Antwan Brown was the last of nine teenagers sentenced in a cell-phone recorded beating of two Spotsylvania County teens and the only one to deny his involvement.
That decision didn't prove popular with visiting Judge J. Howe Brown Jr.
Judge Brown cited that as one of two factors in setting Kyle Brown's sentence in Spotsylvania Circuit Court yesterday.
Kyle Brown, 19, received a five-year sentence with one year to serve for unlawful wounding, a felony. Co-defendant James Eugene Massey Jr., 18, received a three-year sentence with six months to serve on the same charge.
The judge said that when you sentence a group of people for their involvement in a crime, you need to be consistent but also evaluate each person's situation individually.
Two things were key in determining the appropriate sentence for Kyle Brown, the judge said.
"One is, Mr. Brown is the only one of the people who hasn't admitted to what he did," the judge said.
"A second thing is, he was a stomper. He stomped on the head of [one victim]; I think probably [the other victim] also."
Though Kyle Brown, like the other eight defendants, signed a plea agreement that spelled out their actions in the Jan. 11 incident, he denied attacking either of the young men who were seriously hurt.
The victims, then 18 and 19, showed up at a field in the Stoneybrooke subdivision that Sunday afternoon for what they expected to be a pickup football game.
Instead, they were confronted with accusations they had beaten up a neighborhood boy and the younger brother of one defendant.
The victims deny the accusations, and no evidence was put forth at any of the hearings to substantiate them.
The attack began when the first victim was sucker-punched and knocked unconscious. He was then stomped on. His jaw was broken in multiple places, requiring surgery and hospitalization.
The second victim was attacked when he tried to come to his friend's aid. He was pushed, punched, and knocked to the ground where he was kicked, hit and had his head stomped on.
He suffered head injuries and continues to have no feeling on the left side of his mouth.
The nine defendants were originally charged with two counts each of malicious wounding by mob, a felony punishable by up to 20 years in prison.
They were offered identical plea deals in which they could plead to the lesser felony of unlawful wounding and could argue at sentencing for a final conviction of assault and battery, a misdemeanor.
Kyle Brown entered an Alford plea last month, a plea that doesn't admit guilt but acknowledges the prosecution has sufficient facts to convict.
Of the nine cases, two teens successfully argued for assault and battery convictions. One of them was ordered to spend one month in jail; the other two months.
The remaining seven defendants were convicted of a felony and ordered to serve six to 18 months.
The stiffest sentence went to John "Jay" H. Madison, the person who delivered the first blow, the sucker-punch.
During Massey's hearing yesterday, his attorney offered a motive for the attack the judge never said had been put forth.
"They were teaching those boys a lesson that day, I think," defense attorney Stacey T. Garcia said.
She argued for leniency for her client, who was one of three teens who were 17 at the time of the beating.
She said her client was a follower who just wanted to belong.
"It's far more about being involved than it was about hurting these young men," she said.
Kyle Brown's mother required medical help after the judge ordered him incarcerated. She was taken from the courthouse by medics and taken away in a rescue vehicle.
His father, James Brown, testified that he and his wife work for the FBI. After the hearing, he suggested that race played a factor in the sentences.
"All the white kids got less time than the African-Americans. The NAACP will hear about that," he told the newspaper.
"That's not true," Assistant Commonwealth's Attorney Brian Boyle said. He noted that Massey and defendant Matthew W. Shepherd, who are white, received the same sentence as some of the black defendants.
Tyrik J. Denson and Tajh H. Pendleton, who are black, also received six months to serve.
Both victims were pleased to have the hearings at an end.
"I'm satisfied with how Kyle's came out because I thought he deserved more--even more so for lying and not taking ownership for his part in it," said Bryan Tarter, the father of the victim knocked unconscious.
"I'm happy it's all over with, and I feel like justice has been served," said the other victim.
Pamela Gould: 540/735-1972
Email: pgould@freelancestar.com
| Conviction: Unlawful wounding, felony Sentence: Serve one year of a five-year sentence. Pay one-ninth of medical expenses. Personal: Had a security clearance, working for a defense contractor until sentencing. Role in beatings: Judge said he stomped on the head of one victim and likely the other James Brown, father: "This incident has really tormented my home. It has actually tormented Kyle." Prosecutor Brian Boyle: "All of them showed remorse, showed concern--all but Kyle Brown. He denied his involvement, says that wasn't me." Kyle Brown: "I apologize to the victims that were beat." |
| Conviction: Unlawful wounding, felony Sentence: Serve six months of a three-year sentence. Pay one-ninth of medical expenses. Personal: Lost his mother to cancer while in middle school Role in beatings: Punched second victim at least twice while he was on the ground. Defense Attorney Stacey Garcia: "He was a follower. He wanted to belong. He wanted to be sure when this incident was over he could say he was part of it." Prosecutor Matt Lowery: "He's third in line, waiting to get his licks in. It's not some mistake." Attorney Garcia: "I know he's sorry." |
The last two of nine teens charged in the January beating of two Spotsylvania teens were sentenced yesterday. Two were convicted of assault and battery, a misdemeanor; seven were convicted of unlawful wounding, a felony. Below is a summary of each case. Brock L. Bullock, 18, convicted of assault and battery; sentenced to serve one month of a one-year sentence. Kyle A. Brown, 19, convicted of unlawful wounding; sentenced yesterday to serve one year of a five-year sentence. Tyrik J. Denson, 18, convicted of unlawful wounding; sentenced to serve six months of a three-year sentence. Yesterday, his attorney withdrew a motion for reconsideration of his sentence. De'onte C. Jones, 18, convicted of unlawful wounding; sentenced to serve one year of a five-year sentence. Jonathan R. Longtin, 19, sentenced to serve two months of a one-year sentence for assault and battery. John "Jay" H. Madison, 19, convicted of unlawful wounding; sentenced to serve 1 years of a five-year sentence. James E. Massey Jr., 18, convicted of unlawful wounding; sentenced yesterday to serve six months of a three-year sentence. Tajh H. Pendleton, 19, convicted of unlawful wounding; sentenced to serve six months of a three-year sentence. Matthew W. Shepherd, 19, convicted of unlawful wounding; sentenced to serve six months of a three-year term for unlawful wounding.
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