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Saturday, August 20, 2016




TEENAGED GIRL KILLS SCHOOLMATE
Compiled by Lucy Maness Warner
August 20, 2016


DELAWARE SCHOOL BEATDOWN


“Mean Girls” was a shocking movie, but there have been at least a few real life videos like this one circulated on the Internet, so it doesn't exist only in fiction. In the one that I remember from several years ago, the victim wasn’t killed, but she did have substantial bruising and maybe some broken bones as a result. Her “crime” was dating the aggressor’s chosen boyfriend. Whether they actually had a relationship, or it was only wishful thinking on the attacker’s part, the article doesn’t say, but the attacker and three friends filled up some ten or fifteen minutes of video footage with hitting the girl who dared to flirt with her boyfriend. She was hospitalized with injuries. I don’t know what happened to those girls. I just tried to find some reference to it on Google, and couldn’t, but did find dozens of others of the same type. I can’t help thinking that we are in serious trouble as a society. What happened to PARENTING?

What does strike me in these cases is that the prevalence of girl on girl violence is much higher than when I was young. I can think of a couple of cases from my high school years, however, and they were both “rough” kids from a poor background. They weren’t college bound as these kids are.

That is probably true in this case, too. At least I hope that “privileged” girls don’t do these things; though there are also a larger number of kids from wealthy backgrounds doing the same things now that we tend to blame on poor kids -- using drugs and experimenting with sex, with an attitude about rules and mores which is often very loose due to their “affluenza” mental illness.

Rich or poor, when there are no real consequences, this kind of behavior will flourish, as it does in so many school settings. My strong reaction about this kind of kid isn’t just that I want “justice” to be done, which I definitely do, but that the gentle, studious kids should have a safe place to grow up and “spread their wings.” We are killing off our best and brightest from sheer neglect and lack of parental attention.

Schools have to be SAFE in order to be effective, and parents shouldn’t put the whole responsibility for producing good kids on the teachers and school administrations. Ideally, the parents will produce a well-behaved and cooperative student who can then sit still for an hour while listening to a brilliantly educated teacher give her lessons. Instead they have to spend up to 15 or 20 minutes a day breaking up fights. It makes me depressed. I’ve always been glad that I didn’t go into teaching.

One of the follow-up articles does give the names of the attackers. In this case all who were involved were black, so there were no racial issues. The student who was killed was very pretty and an honor roll student, however. That has always been enough to make a kid unpopular with some, but not enough to cause them to be killed in such a horrific attack. The attacker in this case was also college bound, desiring to study nursing, so if this was due to jealousy, the reason for it wasn’t made plain in the articles.

The kid who launched the attack misinterpreted a text conversation as referring to her, one articles said, though how she would do that I don’t know, because it was about a boy. These articles, though I looked closely for more, left questions in my mind as to the real cause. There could have been an ongoing rivalry and anger between the two of them over other things, however, so that her lack of understanding of the context caused her to assume it was about her. Whatever, we need young people, especially by the time they are 16 years old, to no longer have such a violent disposition. And if they are violent, they need to be treated in a way that will stop their behavior and at the same time lead them to UNDERSTAND why it is wrong.

The judge stated that there was no sign of mental problems, but the egregious nature of the act itself, and the bully’s laughter when she was discussing the planned attack with her confederates, were clear signs of mental instability. Just because bad behavior hasn’t been detected before doesn’t mean that it hasn’t happened, so this argument that there was “no prior record” doesn’t mean that the present case shouldn’t be prosecuted as a very serious problem. There are various levels of cruelty, none of them acceptable, but this case merges right into true viciousness. When I was young there was such a thing as “reform school.” Terrible examples like the infamous Dozier School in Florida have been in the news, but I think that something besides “probation and community supervision” should be done. Rehabilitation is very important, but so is paying a price for delivering several dozen blows to the head and half a dozen kicks as well. That simply is not acceptable behavior (nor is it sane either).

Such things are not mentally healthy to any rational adult, and they are also not excusable based on age in this particular case, because at 16 kids are capable of thinking things through. These girls spoke of their victim’s fear, and then immediately said “We are going to get her!” That’s classic bullying philosophy, and yes, I use the word “philosophy” purposely. Not all philosophy is high-minded. The Nazis were driven by a philosophy of abuse of all whom they considered to be “inferior,” or “degenerate.” Ugliness like this starts young, and if it isn’t stopped it will simply get worse and worse.

In my opinion this judge is either biased in some undisclosed way, paid off perhaps, or is truly unqualified to be making such a decision. Just because the killer comes from “a two parent home” doesn’t mean she is going to be treated in such a way until she is 19 that she will begin to feel some natural remorse and empathy, and take onto herself some personal responsibility. I agree with the city councilwoman Dorsey Walker. All the judge’s sympathy was for the killer. What happened to victims’ rights? It’s amazing. The disgusting conversation between the girls which was picked up on video is quoted below.

“The short video then shows Snow, Wright and Carr walking down the hallway saying, ‘She was scared. She was scared. We are going to get her,’ Curley said. Text over of the video also indicated that Carr was going to fight Joyner-Francis, followed by emojis of laughing so hard one is crying.”

See the very interesting news articles below. They are repetitious to some degree, but they each contain new information as well, so browse for yourself.



http://www.delawareonline.com/story/news/crime/2016/08/08/girl-accused-amy-joyner-francis-death-appear-court/88386858/

Detective testifies about what led to Joyner-Francis' death
Jessica Masulli Reyes, The News Journal
1:09 a.m. EDT August 9, 2016

Video -- PLAYLIST: STUDENT KILLED IN ASSAULT AT HOWARD HS; Councilwoman Dorsey Walker not surprised by Carr ruling | 2:48; Wilmington City Councilwoman Dorsey Walker not surprised judge ruled to try Trinity Carr as juvenile in death of Amy Inita Joyner-Francis. Daniel Sato/The News Journal
Photograph -- Amy-Inita Joyner-Francis, (Photo: BRITTANY HORN/THE NEWS JOURNAL)
Photograph -- Trinity Carr, 16, one of the three girls charged in the fatal assault of a Howard High School of Technology student, walks into the New Castle County Courthouse Monday morning to have a judge determine whether she will be tried as an adult. (Photo: JENNIFER CORBETT/THE NEWS JOURNAL)
Photograph -- Classmates and friends of Amy Inita Joyner-Francis console each at Howard High School of Technology in Wilmington on April 25. A court hearing was held Monday in the student's death. (Photo: WILLIAM BRETZGER/THE NEWS JOURNAL)
Video -- DELAWAREONLINE, Amy Joyner-Francis' death: Teen may be tried as adult
Video -- DELAWAREONLINE, Delaware high school student killed in bathroom attack
Photograph -- Trinity Carr, one of the three girls charged in the fatal assault of a Howard High School of Technology student, appeared in court Monday morning. A judge will determine whether or not she will be tried as an adult. 8/8/16 Damian Giletto/The News Journal


Police detective testifies teen punched in the head two dozen times during bathroom attack

A fatal attack in which Howard High School of Technology sophomore Amy Inita Joyner-Francis was punched in the head two dozen times and had her fingernails ripped out started because of a group text message, a Wilmington police detective said in court Monday.

A friend asked the group for advice about how to handle a situation involving a boy, to which Joyner-Francis responded that her friend should be “careful” and that they would have her back, Detective Tom Curley testified. After three of her classmates – Trinity Carr, Zion Snow and Chakeira Wright – were added to the group chat, Carr thought Joyner-Francis’ comments were directed at her and became upset, Curley said.

Joyner-Francis, 16, attempted to diffuse [sic] the tension, he testified, but by the next day, April 21, the girls were face to face in a handicapped-accessible stall in the school bathroom. Video of the confrontation played in court Monday showed Carr punching and kicking Joyner-Francis and dragging her by her long braided hair. Joyner-Francis' purse hung over her shoulder as she struggled during the attack.

Joyner-Francis did not die directly from injuries sustained in the brutal assault, but from a pre-existing heart condition exacerbated by the attack, prosecutors said. Her death was still ruled a homicide, and Carr was charged with criminally negligent homicide, a felony.

New details about the case that has captured national attention were revealed at a rare “amenability” hearing*1 Monday in Family Court in Wilmington. Carr, wearing a black shirt and jean skirt, appeared with her attorney, John Deckers, and her parents.

This type of hearing is used to determine whether a child should be tried as an adult – and is crucial to Carr’s future because an adult criminal conviction could carry up to eight years in prison, whereas a juvenile adjudication would likely result in community supervision and treatment until age 19.

The four-hour hearing came at the request of state prosecutors, who want Carr tried as an adult.

Deckers tried to convince Judge Robert B. Coonin that she is unlikely to re-offend and is better suited to receiving rehabilitative services offered in Family Court.

Carr’s juvenile probation officer and a clinical psychologist both gave an optimistic picture of Carr’s chances at rehabilitation. Division of Youth Rehabilitative Services probation officer, Jennifer Skinner, said Carr comes from a supportive, two-parent home and has continued to study for a career in nursing on homebound instruction and attend therapy since she was suspended from school following the fight.

She not only follows the rules of probation, such as checking-in with Skinner every evening and never leaving the house without a parent, but also actively volunteers to feed the homeless and teach Sunday school at a church in Philadelphia where her grandfather is a pastor, Skinner said.

Likewise, Dr. Robin Belcher-Timme said a psychological evaluation and testing showed no psychopathology, but that she is suffering from anxiety and depression stemming from the incident. He found that initially she was in a state of disbelief and denial that her actions could have caused Joyner-Francis' death, but that slowly her emotions have been coming out in counseling.

"It was clear to me she was struggling to process," he said.

Coonin is expected to weigh the testimony and rule on the issue by the end of next week.

Also charged in connection with the case are Snow and Wright. They are expected to go to trial next Monday on charges of third-degree criminal conspiracy.

Neither will be tried as adults because prosecutors say only Carr struck Joyner-Francis.

Prosecutors alleged that communication between the three girls showed that they planned the confrontation in the bathroom in the 20 hours before the attack, according to court documents.

Curley, the police detective, said soon after the incident, he interviewed one of Joyner-Francis' friends who told him about the group text messages and another bathroom meeting the day before the attack.

Carr and Joyner-Francis met in the girls bathroom on April 20 so Joyner-Francis could try to explain herself, he said. They then parted ways.

Snow later posted to Snapchat a short video of Joyner-Francis and Carr talking in the bathroom, Curley said.

The short video then shows Snow, Wright and Carr walking down the hallway saying, "She was scared. She was scared. We are going to get her," Curley said. Text over of the video also indicated that Carr was going to fight Joyner-Francis, followed by emojis of laughing so hard one is crying.

The next morning, Joyner-Francis' friend got a phone call from Wright, asking where Joyner-Francis was before school. Meanwhile, Snow posted to social media saying she was told to wear sneakers – a symbol that indicates you are ready to fight, Curley said.

The assault broke out on the morning of April 21 as Carr grabbed Joyner-Francis' hair and slammed her to the ground, another friend told Curley.

A math teacher in the C-wing of the building rushed to the bathroom brawl and found Joyner-Francis breathing heavily on the floor and saying, "They jumped me." As the teacher ran to get a nurse, he saw Carr, who said "she was getting buckey with me" and was seen laughing, Curley said.

Deckers pointed out that the comments and her demeanor after the attack was before she learned Joyner-Francis had died.

Deputy Attorney General Theresa Sedevic, however, said that even after Carr learned of her death at the Wilmington police station hours later, Carr blamed Joyner-Francis for the attack and was upset only that the incident would mess up her chances of getting a nursing degree.

Belcher-Timme said this is to be expected and that Carr has made progress in counseling to get past the initial numbness of her emotions regarding Joyner-Francis' death.

Deckers [Defense attorney] declined to comment after the hearing.

A News Journal article in May caused a stir when four cardiologists with national reputations said it is highly unlikely for the heart defect to have caused Joyner-Francis' death. Some were adamant that they had never heard of any cases of atrial septal defect causing sudden cardiac death.

The Attorney General's Office has said the state Medical Examiner's Office played a large role in deciding on the charges and that the autopsy determined Joyner-Francis died of "sudden cardiac death due to large atrial septal defect with a contributing factor of physical and emotional stress due to physical assault."

Contact Jessica Masulli Reyes at (302) 324-2777, jmreyes@delawareonline.com or Twitter @JessicaMasulli.



http://www.delawareonline.com/story/news/crime/2016/08/18/joyner-francis-death-judge-rule-trinity-carr/88953778/

Trinity Carr to be tried as juvenile for fatal fight
Jessica Masulli Reyes, The News Journal
6:37 p.m. EDT August 19, 2016


Related: STORY: 5 things we learned from Trinity Carr's hearing
Related: STORY: Detective testifies about what led to Joyner Francis' death
Photo: JENNIFER CORBETT/THE NEWS JOURNAL
Trinity Carr – one of the three girls charged in connection with the death of Howard High School of Photograph -- Technology student Amy Inita Joyner-Francis – will be tried as a juvenile. 8/19/16 Damian Giletto/The News Journal
Photograph -- Amy Inita Joyner-Francis, 16, died in an assault in the bathroom at Howard High School in Wilmington in April. (Photo: BRITTANY HORN/THE NEWS JOURNAL)
Video -- Trinity Carr – one of the three girls charged in connection with the death of Howard High School of Technology student Amy Inita Joyner-Francis – will be tried as a juvenile. 8/19/16 Damian Giletto/The News Journal
Photograph -- Classmates and friends of Amy Inita Joyner-Francis console each other on April 22 following her beating death at Howard High School of Technology in Wilmington. A judge Friday ruled that a teen accused in the death will be tried as a juvenile. (Photo: WILLIAM BRETZGER/THE NEWS JOURNAL)
Photograph -- Amy Inita Joyner-Francis, 16, died in an assault in the bathroom at Howard High School in Wilmington in April. (Photo: BRITTANY HORN/THE NEWS JOURNAL)
Photograph -- Classmates and friends of Amy Inita Joyner-Francis console each other on April 22 following her beating death at Howard High School of Technology in Wilmington. A judge Friday ruled that Photograph -- a teen accused in the death will be tried as a juvenile. (Photo: WILLIAM BRETZGER/THE NEWS JOURNAL)


STORY HIGHLIGHTS

Howard High School student Amy Inita Joyner-Francis died during a fight in a school bathroom in April.
Trinity Carr, 16, is accused in the assault.
A judge has rejected prosecutors' claims about the heinous nature of the deadly assault on 16-year-old Howard High School of Technology student Amy Inita Joyner-Francis, and instead, found that the alleged attacker should be tried as a juvenile.


In a ruling Friday, Family Court Judge Robert B. Coonin found that assertions prosecutors and police made in court, such as that Joyner-Francis' fingernails were ripped off and that the defendant lacked remorse, were not backed by evidence presented to him.

This, along with testimony about Carr's stable family life, led him to find that 16-year-old Trinity Carr should be tried in Family Court, rather than Superior Court. The move is significant for Carr because she now likely faces only community supervision and treatment until age 19 if she is found to be delinquent of [sic] criminally negligent homicide and third-degree conspiracy.

Had the judge ruled differently, an adult conviction could have resulted in up to eight years in prison.

"While this is [Carr's] first contact with the justice system, it is a tragic one with a horrific outcome, an outcome that will have a longstanding impact on a family, a school and a community for many years," Coonin wrote. "Whether [Carr] is tried in the Family Court or in the Superior Court, that outcome will not change; the senseless loss of a young girl's life cannot be undone nor will the pain inflicted upon her family ever be extinguished."

"However, when considering all relevant factors including those mandated [by law] the Court must conclude that Trinity Carr is amenable to the rehabilitative process available to the Family Court," he wrote.

The judge's decision angered many – both in Delaware and nationally – who have followed the case closely since Joyner-Francis died on April 21 after being beaten in a high school bathroom stall.

State prosecutors and the state Medical Examiner's Office have said Joyner-Francis died from a pre-existing heart condition exacerbated by the attack, but multiple cardiologists with national reputations have told The News Journal it is highly unlikely for the heart defect to have caused her death.

"This exacerbates the pain for the family of Amy," Wilmington City Councilwoman Sherry Dorsey Walker said. "Here we are with the Delaware judicial system not valuing the life of such a wonderful young lady."

An attorney representing Carr did not respond to a request for comment Friday. A spokesman for Attorney General Matt Denn's office declined to discuss the case.

Friday's ruling stemmed from an Aug. 8 amenability hearing in Delaware's Family Court. Amenability hearings are used to determine whether a juvenile can be rehabilitated using services available in Family Court.

Prosecutors argued at the hearing that Carr should be tried as an adult. They pointed to the gruesome details of the deadly attack as seen in an approximately 30-second video.

The video showed Carr dragging Joyner-Francis by her long, braided hair through a handicap-accessible stall in the school bathroom. Carr punched her in the head at least 24 times and kicked her six to eight times, while Joyner-Francis clutched her purse and tried to get away. Joyner-Francis' fingernails were also ripped out, according to testimony from Wilmington police Detective Tom Curley.

But, Coonin said in his ruling that the last seconds of the video show Joyner-Francis grabbing onto Carr, even as Carr was pulled away from the fight.

The judge also rejected testimony about her fingernails being torn off.

"The autopsy report clarified that Amy had 'long artificial' nails of which 'the little finger on the left hand is broken, partially exposing the underlying nail and partial nail bed' and the 'fingernail on the thumb of the right hand is broken partially exposing the bloody nail and nail bed,'" he wrote. "Furthermore, there is nothing in the video from which the court could conclude that any fingernails were ripped or torn off, rather than having been broken during Amy's struggle to fend off the attack."

Coonin went on to reject evidence that Carr's comments afterward showed that she lacked remorse over the attack. Initially, she was unaware that the attack had resulted in Joyner-Francis' death, he said.

"The evidence presented showed [Carr] lacked remorse for having beaten up a fellow student," he said. "The video of the fight showed Amy very much alive when respondent was pulled away from the fight. When [Carr] was first made aware of Amy's death, hours later at the police station, the evidence shows she reacted in disbelief, not lack of remorse."

The judge also weighed Delaware law, which requires him to consider six factors. These include whether the other co-defendants are being tried as adults, whether the child used a "dangerous instrument," whether the child previously was subject to any form of correctional treatment, whether the child has a criminal history, whether the child caused a death, and whether the people of Delaware need to be protected from the child.

In reviewing these factors, the judge found that Carr comes from a two-parent home and has close relationships with her grandparents, including her grandfather who is a pastor of a church in Philadelphia. There are no signs of mental, emotional or substance abuse in her life, he said.

Instead, he noted that she dreams of studying nursing in college and was in the fifth percentile in her class before her arrest.

Since her arrest, she has voluntarily gone to counseling and has cooperated with her therapist and probation officer.

Dorsey Walker disagreed with the judge's ruling because it will likely lead to far less serious consequences for Carr.

. . . .

"At the end of the day, she does not have to pay the price for the crime she committed," Dorsey Walker said. "That is utterly ridiculous."

Dorsey Walker added that she hopes the three defendants truly realize what they have done.

"Whatever demonic spirit has a hold on them that caused them to kill someone in the bathroom, I hope that their lives will change forever," she said. "Amy's life will be changed forever."


In light of the decision, Carr will now appear in Family Court again on Sept. 27 along with her co-defendants, Zion Snow and Chakeira Wright.

Prosecutors have not sought to try Snow and Wright as adults because neither struck Joyner-Francis. They are charged with third-degree criminal conspiracy.

Prosecutors alleged that communication between the three girls showed that they planned the confrontation in the bathroom in the 20 hours before the attack, according to court documents.

. . . .

Contact Jessica Masulli Reyes at (302) 324-2777, jmreyes@delawareonline.com or Twitter @JessicaMasulli.



http://www.delawareonline.com/story/news/local/2016/08/09/5-things-we-learned-trinity-carrs-hearing/88444338/

5 things we learned from Trinity Carr's hearing
Jessica Masulli Reyes, The News Journal
11:40 a.m. EDT August 9, 2016


Video and audio of principal’s address: PLAYLIST: STUDENT KILLED IN ASSAULT AT HOWARD HS --
Teens charged in death of Howard High student | 0:57The state Department of Justice on Monday charged three girls in connection with deadly assault 16-year-old Amy Inita Joyner-Francis, an honor roll student killed on April 21 in a Howard High School of Technology bathroom. Daniel Sato/The News Journal
Video -- Trinity Carr, one of the three girls charged in the fatal assault of a Howard High School of Technology student, appeared in court Monday morning. A judge will determine whether or not she will be tried as an adult. 8/8/16 Damian Giletto/The News Journal
Photograph -- Trinity Carr – one of the three girls accused in the fatal assault of Howard High School of Technology student Amy Inita Joyner-Francis – appeared in court Monday at a hearing to determine if she should be tried as an adult or child.
Photograph -- Attorney John Decker for 16 year-old Trinity Carr, one of the three girls charged in the fatal assault of a Howard High School of Technology student, walks into the New Castle County Courthouse Monday morning to represent Carr. (Photo: JENNIFER CORBETT/THE NEWS JOURNAL)

. . . .

The judge is not expected to rule until next week. Carr is charged with criminally negligent homicide, a felony, punishable by up to eight years in prison in adult court.

. . . .

Group text message prompted incident

The fatal attack was prompted by a group text message. A friend asked the group for advice about how to handle a situation involving a boy, to which Joyner-responded that her friend should be “careful” and that they would have her back, Wilmington Police Detective Tom Curley testified. After Joyner-Francis' classmates were added to the group chat, Carr thought Joyner-Francis' comments were directed at her and became upset.


'She was scared'

Joyner-Francis attempted to diffuse the tension by meeting Carr in the bathroom the day before the attack. Later that day, another defendant, Zion Snow, posted to Snapchat a short video showing the bathroom meeting, authorities said. The video then shows Snow, Chakeira Wright and Carr walking down the hallway saying, "She was scared. She was scared. We are going to get her," Curley said. Text over the video also indicated that Carr was going to fight Joyner-Francis, followed by emojis of laughing so hard one is crying.

Suspect attending therapy

Carr's juvenile probation officer and clinical psychologist gave an optimistic picture of Carr's chances at rehabilitation. They said Carr comes from a supportive, two-parent home and has continued to study for a career in nursing on homebound instruction and attend therapy since she was suspended from school following the fight. She not only follows the rules of probation, but also actively volunteers to feed the homeless and teach Sunday school at a church in Philadelphia where her grandfather is a pastor.

Testimony: Heart condition played role in death

Testimony on Monday reiterated that Joyner-Francis did not die directly from injuries sustained in the brutal assault, but from a pre-existing heart condition, called a large atrial septal defect, exacerbated by the attack. A News Journal article in May caused a stir when four cardiologists with national reputations said it is highly unlikely for the heart defect to have caused Joyner-Francis' death. Some were adamant that they had never heard of any cases of atrial septal defect causing sudden cardiac death.



*1 Amenability hearings: https://juvenilecourt.summitoh.net/index.php/information/faq-definitions/definitions

Summit, Ohio

A hearing at which the child's likelihood of rehabilitation is discussed for the purpose of deciding whether they should be tried as an adult.

http://definitions.uslegal.com/f/fitness-hearing/

“Fitness Hearing Law & Legal Definition


Fitness hearing refers to a hearing in a juvenile court case to determine whether the case should be transferred to adult criminal court where the juvenile will be tried as an adult. Every State as well as the District of Columbia has specific rules regarding the transfer. This is also termed as certification hearing, waiver hearing or transfer hearing.

Example of a State Statute on Fitness Hearing

In California, according to Cal Wel & Inst Code § 707 the court shall cause the probation officer to investigate and submit a report on the behavioral patterns and social history of the minor being considered for a determination of unfitness. After considering the report and other relevant evidence the juvenile court may find that the minor is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that

(1) The child was 16 years or older at the time of the alleged offense; and

(2) The child would not be amenable to the care, treatment, and training program available through facilities of the juvenile court, based on an evaluation of all of the following criteria:

The degree of criminal sophistication exhibited by the minor
Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction
The minor's previous delinquent history.
Success of previous attempts by the juvenile court to rehabilitate the minor.
The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

In the fitness hearing conducted for the purpose, under section 707(a)(1), the burden of proving that the child is unfit is on the petitioner, by a preponderance of the evidence. If the court finds the child to be fit, the court must proceed to jurisdiction hearing. If the court finds the child to be unfit, the court must make orders under section 707.1 relating to bail and to the appropriate facility for the custody of the child, or release on own recognizance pending prosecution. The court must dismiss the petition without prejudice.
. . . .”


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