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Teen gets 10 years in adult prison

Former AHS student was 15 when he shot man five times

By SCOTT DAUGHERTY, Staff Writer

Published 11/07/08

A 16-year-old boy who confessed to shooting and paralyzing a man in April pleaded guilty yesterday to first-degree assault and a handgun charge.

Malachi A. McFarland of Eastport Terrace, who was just 15 years old and a ninth-grader at Annapolis High School at the time of the shooting, was sentenced to 10 years in a state prison for the April 28 shooting of 21-year-old Jawan Keith Tasker.

In exchange for the plea, prosecutors dropped attempted first-degree murder charges that carried the possibility of life in prison.

The sentence was praised by the families of both the victim and the shooter.

"I'm sorry that the young man got 10 years, but we have to teach the children … this is not right," said Allen Parker, Mr. Tasker's cousin and caretaker. "You do not handle violence with violence."

Devera Pounds, McFarland's mother, said she was pleased her son did not get more time in prison.

"It could have been worse," said Ms. Pounds, who took her son to Annapolis police headquarters the night of the shooting and encouraged him to confess.

She said she didn't believe her son was in his right mind when he shot Mr. Tasker, but she "didn't expect him to go unpunished."

Kids in prison

The case raises questions about the appropriateness of sending children to adult prisons.

Numerous juvenile advocacy groups argue children should never be sent to adult prisons. They claim adult prisons do nothing but teach kids how to behave as criminals.

"They will come out and reoffend," said Eric Solomon, spokesman for the Campaign For Youth Justice in Washington, D.C.

He pointed to research and statistics by the Center for Disease Control, the U.S. Department of Justice and The Brookings Institute to support that claim.

"There is not one study that shows the opposite," he said.

In September, the state's Department of Juvenile Services recommended McFarland should be tried in a juvenile court. Jennifer Beard, a DJS social worker, said he could be placed in a long term, non-community residential program where he would receive specialized care. She said he had ADHD, an unspecified learning disability and "borderline cognitive ability."

But if convicted as a juvenile, he could only have been held until his 21st birthday - less than five years from now.

Assistant State's Attorney Kelly Poma noted that McFarland was involved in at least four fights at the Jennifer Road Detention Center since his arrest in April and that he was always the aggressor.

Mr. Parker stressed that McFarland committed an "adult crime" and that he had no qualms the 16-year-old boy being sent to an adult prison.

The shooting

While McFarland had started having trouble in school and using marijuana and PCP at the time of the shooting, he had no prior criminal record and was well-regarded in the community.

"This (was) obviously one heck of a way to start one's criminal career," Ms. Poma told the court.

She recounted how McFarland shot Mr. Tasker five times with a .22-caliber handgun shortly before 3 p.m. April 28 outside the Harbour House apartments on the 1000 block of President Street - ultimately blinding him in one eye and paralyzing him from the waist down. She said he fired three or four of the shots while standing over Mr. Tasker's bleeding body.

"It is nothing short of a miracle … that this man survived," she said.

McFarland confessed to the shooting the night of the shooting. He told police Mr. Tasker had robbed him at gunpoint three weeks before the shooting. He said that when he saw Mr. Tasker again April 28, he feared for his life. He said he thought Mr. Tasker was going to pull out a gun and shoot him, so he shot first.

Police found no evidence Mr. Tasker was armed and David Putzi, McFarland's attorney, said his client was high at the time and probably not thinking clearly.

Judge Hackner also noted that McFarland was not an innocent bystander the afternoon of the shooting.

"You were armed," he told the teen.

Ms. Poma argued McFarland should serve a "substantial" amount of time behind bars. In light of McFarland's age and record, however, she did not recommend a specific sentence.

State sentencing guidelines recommended he serve between five and 10 years in prison.

Judge Hackner eventually sentenced McFarland to 25 years in prison, but suspended all but 10 years. He recommended the state send McFarland to the Patuxent Institution, which has a program designed to help youthful offenders become viable adults while in prison.

"As a society, that is where we want this kid to go," said Mr. Putzi. He said his client will receive the treatment he needs there.

Apology accepted

Reading from a folded piece of notebook paper he pulled from his pocket, McFarland apologized to Mr. Tasker.

"I'm truly sorry for what happened to you … I wish I could take it back," he said, dressed in a yellow polo shirt with thin blue and white stripes.

McFarland added he had wanted to apologize for months.

"I have been holding on to this letter for awhile now. I just never knew how you would react," he said.

Mr. Tasker said he was frustrated by what happened and how much his life has changed. Still, he appreciated the apology because he could tell it was from the heart.

"He knows what he did," he said. "It hurts him to look at me."

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help center for teens - 2009-02-18 04:48:33

Every parent of troubled teens is worried about their child they are looking for some best schools for struggling teenagers. The school that should have all the essential and effective learning and education programs, in which they can able to enhance various skills of troubled teens.

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struggling teens - noida, ID - Karma: Neutral

Comment removed by HometownAnnapolis staff. - 2009-02-18 04:46:48

Staff message: Why is this comment hidden?

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- Karma: Neutral

help center for teens - 2009-02-18 04:45:27

The story of teenagers is very heart touching and it?s giving an example, that there are many teenagers who are in troubled and facing various problem in their day to day life. There are some centers for struggling teens that offer effective and valuable life changing programs for them.

http://www.strugglingteen.net/

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struggling teens - noida, ID - Karma: Neutral

troubled teens - 2008-12-08 00:59:53

There are many teenagers in country facing different situation. They have various behavioral problems with family and friend, under depression etc. The story of ten years old teens? really touch to me. There are many <A HREF=http://www.teenageproblems.net/> help center for teens </A>. to make and come over from this situation.

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troubled teen - Delhi, IN - Karma: Neutral

Struggling Teenagers - 2008-12-02 01:56:25

Different types of recovery programs for teens are running in the country to heal troubled teenagers with their emotional and behavioral problems. Summer camps, wilderness programs and boarding schools are best option for struggling teenagers to gain complete recovery.

http://www.troubledteensguide.com/

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troubled teens - ghhj, KS - Karma: Neutral

Struggling Teens - 2008-11-15 02:13:43

Teenagers wilderness programs are very effective to provide them something new achievement for their life success. The campers are suggested to do various activities and therapies which help the troubled teens to get rid of their behavioral problems.
http://www.restoreteens.com/Search/0/Residential-Treatment-Center/index.html

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troubled teens - ghhj, KS - Karma: Neutral

Correction - 2008-11-07 14:33:53

Not Mr. Tasker having an abnormality, McFarland. My apologies.

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Emma G. - West River, MD - Karma: Terrible

A Study came out today... - 2008-11-07 14:32:09

That said folks such as Tasker have a brain abnormality, they take pleasure in hurting others. Perhaps after adult prison he will re-offend but what other choice is there? Keep him on the streets so he can continue to hurt folks immediately? He'll get credit for time served and serve a couple of years and be back on the streets in no time. It's actually a lighter sentence than a juvenile jail. But he will be a Felon and no gun possesion by law (As if that law actually does anything, he didn't care about the law of no juveniles having guns) instead of being record free after he turns 26. Good reporting by the way.

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Emma G. - West River, MD - Karma: Terrible