It was Friday morning when Bill and Sonny appeared at the courthouse to await Tim’s arrival. Eli had scheduled the hour between nine and ten o’clock for the appearance in his courtroom and had sealed the docket from the prying eyes of the media. This would be a private affair with only lawyers present.
In only two days the media frenzy over Barnes had skyrocketed with the revelation of several more bodies and the drug association with the Road Rats motorcycle gang. Arrests were being made all over the state.
State Police detectives had turned over Barnes’ ledger book to the State’s Attorney who shared the load with Dan Meeks since many of those mentioned lived in his county. Heads would roll in business and political circles and it would not be a pretty sight.
Timothy’s case had become just a footnote in the Barnes prosecution. The former Sheriff was being held in isolation and on suicide watch since he now had the longest list of charges anyone could remember seeing in state history.
Bill knew Sonny had been busy. She had purchased a suit for Tim to wear in court and delivered it to Barnhill, but it didn’t end there. Ed Avery had been released from intensive care and was moved back to town. He was installed in a wound care facility with twenty-four hour a day nursing care. Sonny had arranged that as well.
Sheriff Travis Marsh was setting his department in order under the watchful eye of Dan Meeks. His first move was to promote several of his men to share the administrative load and to do that properly he had been allowed to hire four more deputies. Now there were stripes on sleeves and smiles during the morning roll call.
Somewhere along the line, and Bill wasn’t exactly sure it was any of his business, but Sonny and Travis had hooked up. It would be a beer and good time’s relationship now, but it held promise for the future. That was the new watch word around town, future. Barnes was the past and he was out of their hair, it was time to move on.
Bill contemplated all these things and the speed with which they had happened. He was sure Eli and Dan wanted all this behind them. It was better for the county and Tim, that was the point. Most cases took months to evolve but this one had taken two weeks, highly unusual.
It seems there was consensus between the DA’s office and the judicial. Juvenile justice would be based upon rehabilitation and not revenge. The law needed to be flexible when it came to punishment and if the legislature didn’t see that they would soon face the wrath of judges across the state. It was about time.
The elevator dinged and the door opened to reveal Tim standing there with two police officers. One was Travis and the other Matt Connors who had brought the boy in from Barnhill.
Of necessity, and following procedure, Tim was handcuffed but didn’t look stressed about it. And then from the back of the elevator stepped Evan who had accompanied his young charge. Tim looked good in his new suit…although like most teenagers he wore it awkwardly.
Bill and Sonny rose from the bench where they had been sitting and walked to meet their client. Hands were shaken, smiles exchanged and Bill steered Tim into the side hallway leaving his escort standing but ten feet away.
“You know what to expect this morning? Did Sonny explain it all to you?” Bill asked.
“Yes…I’m supposed to say yes when the judge asks me if I plead guilty,” Tim said.
Bill laid a hand on Tim’s shoulder. The boy didn’t look nervous at all and he gave credit for that to Evan. It was all Bill could do to resist running an affectionate hand across that fuzzy scalp.
“We’ll put all this behind and you can move on,” Bill said.
“Two years, Doc told me. I’ll be eighteen. He showed me pictures of the Providence program and it looks like a summer camp. They have lakes and horseback riding.”
“Minimum security, it’s the best choice for you. They teach life skills along with all that hiking and camping. You ought to be a rugged outdoorsman by the time you finish there,” Bill said.
Tim nodded and looked up into Bill’s eyes. The tears were there, the gratitude for everything. “I can’t thank you enough,” Tim said. “Doc told me a defense like this costs tens of thousands and you did it for free. I have no way to pay you back.” And a tear rolled down his cheek.
Bill’s hand squeezed the boy’s shoulder. “You grow up, put this behind you and become a great young man. That will be payment enough. Providence is not all fun and games. You will have to prove yourself and study hard while you’re there. I will be watching and checking up on you, and I promise to visit.”
Tim nodded and started to wipe away the tears on his sleeve. “No, wait,” Bill said and handed the boy a clean handkerchief. “Don’t mess up your new suit.”
“Sonny would spank me,” Tim said, but that smile broke through. “Do you like her?”
Bill smiled, knowing just what the boy was asking. “We’ll talk about it someday when you’re older.” He looked at his watch. “It’s almost time for court. You’ll like Judge Parker, and there is someone in there who asked to meet you.”
“Who would that be?”
“The prosecutor, Barbara Lowe. She admires you very much and that’s why this is turning out the best for you.”
“Okay, but I know you did everything you could to help me. Is Ed in there?”
Tim didn’t know Ed had been shot but one day he would have to be told. “He’s on assignment but he sends his regards. He knows what a brave young man you’ve been through all of this.”
“I could be a private investigator someday when I grow up. It sounds like a cool job.”
“You’ll have time to talk to Ed about that and when this is all over if that’s what you decide to do then I know he’ll help you, we both will.”
“The future, that’s what Doc always talks about,” Tim said. “I do have a future, don’t I?”
“The best kind. We’ll all be there to help you when the time comes. Are you ready?”
He led Tim back to the escort and they walked to the courtroom doors just as the clerk opened them and motioned them inside. The lawyers were there and Eli was sitting on the bench as Tim was led through the barrier and over to the defense table.
Matt removed the handcuffs and patted Tim on the shoulder. “Good luck,” Bill heard him say.
The court clerk tapped his microphone for attention. “Hear ye, all those present for Parson County vs. Witherspoon please affirm your presence to the court.”
“Prosecution is ready,” Barbara Lowe said, standing up.
“Defense is ready,” Bill said, standing up.
Eli looked up from what he had been reading and acknowledged their presence with a nod. “Have the parties reached an agreement?” Eli asked, already knowing the answer but playing out the game for the record.
“We have, Your Honor,” Barbara said, and gave Bill a look.
“The defense wishes to enter a plea of guilty to a single count of manslaughter, Your Honor.”
“The prosecution concurs, Your Honor.”
Eli smiled. “See how easy a case can be when the proper groundwork is laid?” He turned to look at the defense table. Bill looked down at Tim and urged him to his feet.
“You are Timothy Witherspoon, I’d imagine,” Eli said. “Has your lawyer explained what the result of your plea bargain will be?”
“Yes, Sir,” Tim said.
“Are you in agreement? Are you pleading guilty without coercion or reservation?”
“Yes, Sir…Your Honor.”
“Good choice. In the case of Parson County vs. Witherspoon the court accepts a guilty plea from the defendant and sentences him to be housed for two years at the minimum security facility known as Providence. I will continue my sub curia motion and attach it to this docket, Number 5341847.”
Eli looked down at Tim from his elevated position. “Sub curia means I will be looking over your shoulder the whole time you are at Providence. Think of me as your guardian angel.”
Tim grinned and Eli smiled back. “Court is adjourned,” Eli said and tapped his gavel lightly.
Tim looked at Bill. “It’s over?”
“All over,” Bill said, and then opened his arms for Tim’s hug.
Barbara joined them and Tim was introduced. Then Evan walked into the group and was joined by Eli. Bill shook hands all around and saw Sonny off to one side talking to Travis. Lucky them, he thought, and then he felt a hand on his shoulder.
“You did good, Counselor,” Matt said.
“Thanks to you. When do we get to have that beer?”
“Any time you say, Bill.”
The clerk of the court interrupted them, handing Matt the release document for Tim’s custody. Then the woman looked at Bill. “You know, the judge also signed the commitment papers, but he dated them next Monday. Any idea what should happen to the boy until then?”
“I’ll talk to Eli and see what he had in mind,” Bill said. The clerk handed him a copy and sure enough Eli had dated it three days into the future. He showed it to Matt. “Do you think Tim needs to go back to Barnhill until then?”
“No, I have a release form from the Doc over there. Tim is no longer in custody. Someone will have to drive him up to Colorado Springs on Monday…I guess that would be you.”
“Oh my,” Bill said.
“He’s yours for the weekend,” Eli said when asked. “He needs so much and I can’t think of anyone better to start him on his new journey. Well, this has all been great fun, but I have a court to run.” And with that he shooed everyone out of the room into the hallway where a small crowd had collected for the next trial.
“What am I going to do with him?” Bill whispered to Sonny.
“Play the father image, take him shopping for what he needs and feed him. You may never be a real father but you can pretend.”
“Okay, I just hope I don’t disappoint him,” Bill said.
“I doubt if you can,” Sonny replied. “Take Matt with you. He’ll help out.”
“Matt?”
“Sure, haven’t you noticed? The man has a certain interest in you, Counselor.”
Matt walked over with Tim in tow. “Shall we go eat? I think Tim skipped breakfast and he’s a growing boy.”
Sonny almost laughed aloud as she watched them walk towards the elevator. They looked like a family already, she thought. Men, they didn’t know anything about love. Now where did Travis go?
There was so much about this story I didn’t understand when I first began, but there was a theme I wanted to present based upon real events. There are several thousand juveniles in America currently in custody for crimes we consider too horrible to contemplate. The real horror is that some of them are as young as eleven years old.
As human beings we are capable of atrocities. Murder is something most of us cannot understand although we read about it daily in the headlines. Some individuals are good at leading others to murder for them and so genocide is a common term these days.
The laws in many states do not allow judges any discretion when considering a murder case. As I stated in the story, lawmakers have removed the power of judges to vary sentencing based upon mitigating circumstances presented in a case, even when the defendant is a minor.
In the opinion of the mental health professionals a child is a being without the ability to make rational judgments based upon absolute knowledge. I could list cases that I have read about where a child killed a parent because of what you and I would consider a minor transgression. In most cases this is because parent and child are unable to communicate even on a basic social level.
What sets a child apart from adults is that the brain has not fully developed. Emotions like anger, rage and mistrust are some of the ways a child reacts to abuse in the home. It takes little thought to realize a parent who abuses a child and leaves loaded guns around the home is facilitating a disaster.
Although my story is done you might find it at odds with some of the facts presented on the links below. It was written from my perspective to include virtuous people fighting for the rights of one young man. In truth there is no virtue in sending a boy to prison for life as it denies the human adage that people can change.
Each case is unique so a one size fits all law with a mandatory sentence is an outrage, a travesty of justice. It wasn’t until 2012 that the Supreme Court of the United States considered life without parole for juveniles to be cruel and unusual punishment in two cases which will lead the way for other appeals. It will take years of litigation and many dollars to resolve these issues.
There is hope for young offenders and I began this story after reading When Kids Get Life.
There are several national organizations which recognize that juvenile justice is not what is should be, one of them is www.juvenilelawsociety.org.
And organizations that are working daily to protect those young people already in the system: www.redemptionforkids.org.
I do not sponsor or contribute to any of these organizations. Instead I contribute to AwesomeDude which allows me to post stories like this. Please consider supporting this site and allowing authors to bring you a full range of stories in support of gay youth. Will it make a difference? We can only hope.