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Seventh-grader to serve 2 years in prison.


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http://kenoshanews.com/articles/index.php?articleNum=537159

 

Seventh-grader to serve 2 years

Girl who stabbed classmate in heart will go to prison

 

A Kenosha seventh-grader will spend two years in a Racine County girls' prison for stabbing a classmate in the heart with a comb.

 

How much time she spends behind bars after that could largely depend on her, Kenosha County Circuit Judge Anthony Milisauskas said Thursday.

 

Milisauskas said he would review the girl's case before she is released. Depending on her behavior in corrections, her prison stay could be extended every year until her 18th birthday.

 

The accused girl admitted responsibility Thursday, similar to a guilty plea in adult court, for first-degree reckless injury with a dangerous weapon. The charge was part of a plea deal in which the case was handled in juvenile court.

 

The child originally was charged in adult court with attempted murder for stabbing a classmate and former friend on Nov. 20, 2006, during an argument about prank phone calls. Under state law, any child age 10 or older charged with a homicide-related offense is automatically charged as an adult.

 

If she had been convicted as an adult, the girl could have served up to 45 years for attempted murder. Even the lesser charge she pleaded to carried a 15-year prison sentence, in an adult court.

 

Lawyers agreed that adult prosecution, and the resulting adult prison term, would not have been best for the child, although they also believed some incarceration was appropriate.

 

The victim, also 12, had a metal comb handle embedded four or five inches into her chest wall, including two inches in her heart. A 31-minute surgery with bolt cutters saved her life. She is expected to recover fully, but might need more surgery.

 

"This was a very difficult case for me," Prosecutor Kelly Birschbach said in court. "We have two 12-year-old girls here, and we have a very violent act. And I think our society is resorting to violence and (saying) that violence is OK. It's not."

 

Birschbach said the suspect had to be held accountable for her violent act, but that both girls bore responsibility in the stabbing, which started because the victim reportedly called the suspect's house and hung up two days before the stabbing.

 

What if the victim had apologized? Birschbach wondered. What if the suspect had simply gone to class instead of confronting her friend? What if she had simply kept her comb in her hair?

 

"I can't help but be troubled by the actions of these two girls," Birschbach said. "... They have a lot of growing up to do."

 

Defense attorney Mark Richards said he talked to his young client about how things could have been different.

 

"This is one of those cases - and I've been doing this 20 years - that caused me sleepless nights," Richards said. "Rough justice is being served."

 

"None of us would be sitting here today if one of these girls had used good judgment," Richards said. "...It takes a lot more to walk away than to throw that first punch."

 

"They're both lucky," Milisauskas said. "One is lucky to be alive. Don't tell me there's not a God. To be stabbed in the heart and live?

 

"And the other kid is not in the adult system - because you'd be in prison," the judge said, turning to the defendant. "Imagine that! And if she had died? You'd be in prison for a long time."

 

Milisauskas was disturbed at what it means for our society that prank phone calls could inspire one child to stab another and both girls could continue to try to brawl even after the stabbing.

 

"What's wrong with our world? We've got 12-year-olds that are that violent already. What caused that?" he asked. "...Everything is supposed to be advancing, but we've got kids who want to kill each other."

 

Milisauskas also was bewildered by the dichotomy in the young defendant, perhaps the youngest person ever charged as an adult in Kenosha County.

 

"You like jumping rope, playing in the park, listening to music and rollerskating. And we're here on a serious felony," Milisauskas said. "It's like night and day."

 

The victim and her mother did not say anything in court. The defendant's mother cried throughout the hearing, but also said nothing.

 

The defendant bit her lip and blinked her eyes hard before speaking.

 

"I'm sorry," the girl said. "I never meant for it to happen."

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Birschbach said the suspect had to be held accountable for her violent act, but that both girls bore responsibility in the stabbing, which started because the victim reportedly called the suspect's house and hung up two days before the stabbing.

WHAT? prank call vs STABBING

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but seriously who (besides maybe tom or crayonnz) would think of stabbing someone w/ a comb.

i thought prisoners did that kind of stuff all the time...sharpened spoons, pieces of soap, etc.

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"The victim, also 12, had a metal comb handle embedded four or five inches into her chest wall, including two inches in her heart. A 31-minute surgery with bolt cutters saved her life. She is expected to recover fully, but might need more surgery."

 

Four or five inches into the chest wall with a metal comb handle! WHAT?! That's not some random flail....

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