SAN DIEGO (CN) — An attorney representing a man convicted of a 2001 high school shooting in San Diego County argued in court Monday that he should be released from prison.
Laura Sheppard, representing the convicted high school shooter Charles Andy Williams, said her client has shown nothing but remorse for his actions 25 years ago and should be conditionally released from incarceration under new legislation for crimes committed by juveniles.
Williams filed a petition for recall of sentence and resentencing, which Superior Court Judge Lisa Rodriguez granted last month, vacating his current sentence of 50 years to life without parole. The San Diego District Attorney’s Office immediately filed an appeal for the resentencing.
Williams was convicted of killing two students, 15-year-old Bryan Zuckor and 17-year-old Randy Gordon, and wounding 13 others, including two high school staff, at Santana High School in Santee, California.
The shooting began the morning of March 5, 2001, when Williams entered the boys' bathroom with a .22-caliber revolver he took from a locked gun cabinet. He began his spree by shooting a student in the bathroom and before taking aim at others in the hallway and school quad until he was apprehended by the police without resistance, according to the San Diego District Attorney’s Office.
Williams was tried as an adult and pleaded guilty to all charges. He was sentenced to 50 years to life without parole in August 2002.
He remains incarcerated in the California Institution for Men in Chino, California, while the California Courts of Appeal considers the district attorney’s appeal.
However, much has changed in regard to juvenile sentencing laws since Williams’ conviction.
At issue at his hearing was the case People v. Heard, which established that some youth offenders in California sentenced to lengthy prison terms without the possibility of parole are eligible for resentencing when their original sentences failed to account for modern sentencing standards. Juveniles who committed crimes before age 18 and have served at least 15 years of a life-without-parole sentence may be eligible for resentencing, depending on the circumstances.
The modern sentencing standards provide leniency to young people whose brains have not fully developed.
“It’s reasonable that we don’t just throw them away but treat them as redeemable,” Sheppard said.
As such, Williams remains in an unusual position before the state.
Sheppard said that her client is in a similar position to someone who has been found guilty of a crime but has not yet been sentenced — only that her client has already served more than two decades in prison.
“The sentence has been recalled, that does not vacate the convictions,” said Deputy District Attorney Nicole Roth. “We are hoping the appellate court will reverse that position.”
Sheppard argued the court didn't have the authority to keep him incarcerated. She also asked the court to release him last month, which was denied.
“His criminal convictions remain in effect,” San Diego Superior Court Judge Ana España said during the hearing. “They haven’t been converted into juvenile findings. The process would be — once there is agreement to move forward in juvenile court — to convert adult convictions to juvenile findings.”
The case proceeds to juvenile court if the appellate court denies the district attorney's appeal.
“He is in a standstill,” España said. “He has a foot in both courts.”
Williams, now 40 years old, appeared before the courtroom, bespectacled and with long hair pulled back tight.
Sheppard said that her client has shown remorse since his conviction. He earned his GED and certification as a drug and alcohol abuse specialist while incarcerated, she said.
He is an honest, reflective and self-aware person, Sheppard told reporters outside of juvenile court. Williams broke down in tears during his parole hearing in January after being read victim statements, she said.
“He’s expressed a desire to move to Northern California,” she said. “He doesn’t want to put the victims of San Diego through any more pain. I don’t think he presents any danger to anyone.”
Williams’ next status hearing will be on June 22.
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