Index
Message Boards
Backgroud
Documents
The Law
Documents
Documents
Documents
 
Updated May 16, 2001, 2:33 p.m. ET
Brazill convicted of second-degree murder, sentencing looms  
photo
Nathaniel Brazill remains stoic as the verdict is read. (Court TV)

A Florida jury convicted Nathaniel Brazill of second-degree murder with a firearm for shooting Barry Grunow, deciding that the boy did not plan to kill his seventh-grade English teacher.

The panel of nine women and three men deliberated for 16 hours before returning to a tightly packed and anxious courtroom. As the court deputy read the panel's verdict, mixed emotions washed across the faces of the two families torn apart by the shooting.

Paula Powell, Brazill's mother, sobbed silently after the verdict was read. But Grunow's brothers, widow and mother weren't smiling in triumph, instead staring straight ahead.

Standing erect in front of the shocked courtroom and dressed neatly in a beige button-down shirt and black tie, Brazill, 14, remained largely stoic throughout the proceeding, as he had during the trial and on the stand.

"He said 'not too bad,'" defense attorney Robert Udell recalled after the verdict. "He didn't say anything else and he went back [to a private room] and he cried."

Barry Grunow

Most of the Grunow family did not comment on the verdict, but the victim's brother, Curt Grunow, told Court TV they were "very disappointed" and felt "the jury must have been watching a different trial."

Although Circuit Court Judge Richard Wennet could conceivably sentence the 14-year-old Brazill to life in prison, the verdict was a small victory for the defense. The boy was charged with first-degree murder and faced a guaranteed sentence of life behind bars without parole if convicted of the more serious charge.

The prosecution pressed hard throughout the trial for a first degree murder conviction, arguing that Brazill made statements before the shooting that indicated he planned the killing. But the jury, instructed by Judge Wennet that premeditation meant thinking "long enough to allow reflection," decided that the boy was not guilty of the higher charge. They also convicted Brazill of aggravated assault with a firearm.

Both prosecutor Marc Shiner and defense lawyer Udell said that the sentencing phase of the trial, scheduled by Judge Wennet for June 29, will be all important. Florida law gives judges wide sentencing discretion for second-degree murder, which is defined an act "evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual."

Defense lawyer
Robert Udell

Brazill could serve a minimum of 21 years in prison to a maximum of life behind bars.

Prosecutors have said they will seek the application of a statute that increases prison terms for crimes committed with firearms. But Udell claims that law, known colloquially as "10/20/life," does not apply to criminals younger than 16. The lawyer also said that his client's age and spotless prior history give Wennet the option of sentencing Brazill to less time than the statutory minimum.

Udell said he might ask a psychologist who examined Brazill to testify during the sentencing hearing. Dr. Phil Heller was expected to take the stand during the trial, but the defense decided not to call him for undisclosed reasons.

Prosecutor Marc Shiner

"He was not a sociopath," Heller said in a telephone interview after the verdict.

Shiner would not disclose a sentencing hearing strategy, but said he was pleased with the jury's decision in the trial.

"We were confident going into this case that the jury would make the right decision, a just decision. And we are confident that they did," said the prosecutor. "The jury did what they thought was right and what the law requires them to do and the system works."

Brazill shot Grunow on May 26, 2000, the last day of classes for Lake Worth Community Middle School. A boy without any history of disciplinary problems, Brazill was suspended that day for throwing a water balloon.

Upset that he would not be able to say goodbye to two friends for the summer, he returned to school with a gun and demanded that Grunow let him see the two girls, who were in his class. When the teacher refused, Brazill shot him between the eyes.

The highly emotional trial featured the testimony of 23 students — including Brazill — and many more teachers and community figures. Several of the children broke down on the stand when recalling the shooting of a beloved teacher by the mild-mannered and well-liked boy.

After the verdict, school officials and community leaders spoke of looking ahead and healing those scarred by the shooting.

"We're gonna be there for kids and we're gonna be there for teachers. As needs arise, we'll do what's best," said a somber Kevin Hatcher, principal of Lake Worth Community Middle School. "I am very excited that we'll have the opportunity to provide some closure prior to the school year ending."

The Reverend Thomas Masters, chairman of the Coalition for Justice and a vocal opponent of the decision to try Brazill as an adult, said it was necessary to mix compassion and political activism.

"We must continue to pray for the healing of the Grunow family," he stated. "At the same time we're going to have to go back to the drawing board and fix the juvenile justice system."

 

 
Comprehensive case coverage
 
Watch the verdict being read
 


advertisement
©2007 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo