Crystal
02-20-2005, 06:58 PM
City teen admits to role in killing
Against his mother's urging, 15-year-old pleads guilty to second-degree felony murder
By CAROL DeMARE, Staff writer
First published: Saturday, February 19, 2005
SCHENECTADY -- Setting aside his mother's pleas that he didn't kill anyone, a city teen admitted in court Friday to his involvement in the shooting death of an out-of-town drug customer.
Brandin Brown, 15, pleaded guilty to second-degree felony murder, which is murder that occurs in the commission of another felony; in this case, armed robbery.
He is to be sentenced on April 18 to seven years to life in prison as a juvenile offender.
Visiting Montgomery County Judge Richard Giardino questioned the teen extensively, and asked what he and an accomplice discussed after the fatal Oct. 11 shooting of a St. Johnsville man, during the proceedings in Schenectady County Court.
"We were scared, that's all," Brown replied softly.
Earlier this week, Tiheem Morris of Summit Avenue, also 15, pleaded guilty to the same charge. He faces nine years to life in prison, the maximum sentence for juveniles convicted of murder as adults under the law.
Brown, of Forrest Avenue, said both he and Morris were armed. During his plea hearing Monday, Morris admitted firing the shot that killed Thomas Oeser, 25.
The proceedings began with attorney John Della Ratta explaining that Brown was reluctant to plead guilty because he would have to waive his right to appeal. The teen's mother, Althea Sloan, opposed the guilty plea, the lawyer said.
"My understanding was Brandin was going to receive the minimum sentence, which was five years to life," Sloan said.
"That's not now on the table," the judge said, looking at Assistant District Attorney Ed Moynihan.
Sloan said she was aware the district attorney could be removed, and Brown could plead to the entire indictment, which includes robbery, and take his chances with the judge.
In that case, "don't anticipate the lower end of the scale; anticipate the worst," Giardino said.
"He didn't kill anyone," the mother shot back.
Giardino adjourned for about 30 minutes to allow Brown, his mother and his lawyer to talk. When they returned, Brown said he wanted to take the plea deal.
"He won't listen to me," Sloan said. "I want him to plead to the whole indictment so you can look at the whole record," she said.
"Ma'am, it's an unusual situation because you're his mother, but he's going to be 16 in two months, and he knows his involvement more than you or I," the judge said.
"I really want to just get this over with, OK," Brown said.
He and Morris were hanging out at Emmett and Steuben streets last October when two men, one of them Oeser, drove up and wanted to buy crack cocaine, Brown said. Brown had a small amount, but the buyers wanted "weight," he said.
So the teens climbed into the back seat and directed the driver to Mumford Street to get more drugs. Instead, Brown said, they got guns to rob the buyers. The driver gave them $20 and ran, he said. The passenger, Oeser, not wanting to give up his money, struggled and was shot in the back by Morris, he said.
"It's very unfortunate because Brandin got caught up in a situation that escalated out of his control," Della Ratta said outside court.
"Somebody in Brandin's situation has very limited options," he said. "You grow up in an environment so filled with crime, that's all he knows."
Against his mother's urging, 15-year-old pleads guilty to second-degree felony murder
By CAROL DeMARE, Staff writer
First published: Saturday, February 19, 2005
SCHENECTADY -- Setting aside his mother's pleas that he didn't kill anyone, a city teen admitted in court Friday to his involvement in the shooting death of an out-of-town drug customer.
Brandin Brown, 15, pleaded guilty to second-degree felony murder, which is murder that occurs in the commission of another felony; in this case, armed robbery.
He is to be sentenced on April 18 to seven years to life in prison as a juvenile offender.
Visiting Montgomery County Judge Richard Giardino questioned the teen extensively, and asked what he and an accomplice discussed after the fatal Oct. 11 shooting of a St. Johnsville man, during the proceedings in Schenectady County Court.
"We were scared, that's all," Brown replied softly.
Earlier this week, Tiheem Morris of Summit Avenue, also 15, pleaded guilty to the same charge. He faces nine years to life in prison, the maximum sentence for juveniles convicted of murder as adults under the law.
Brown, of Forrest Avenue, said both he and Morris were armed. During his plea hearing Monday, Morris admitted firing the shot that killed Thomas Oeser, 25.
The proceedings began with attorney John Della Ratta explaining that Brown was reluctant to plead guilty because he would have to waive his right to appeal. The teen's mother, Althea Sloan, opposed the guilty plea, the lawyer said.
"My understanding was Brandin was going to receive the minimum sentence, which was five years to life," Sloan said.
"That's not now on the table," the judge said, looking at Assistant District Attorney Ed Moynihan.
Sloan said she was aware the district attorney could be removed, and Brown could plead to the entire indictment, which includes robbery, and take his chances with the judge.
In that case, "don't anticipate the lower end of the scale; anticipate the worst," Giardino said.
"He didn't kill anyone," the mother shot back.
Giardino adjourned for about 30 minutes to allow Brown, his mother and his lawyer to talk. When they returned, Brown said he wanted to take the plea deal.
"He won't listen to me," Sloan said. "I want him to plead to the whole indictment so you can look at the whole record," she said.
"Ma'am, it's an unusual situation because you're his mother, but he's going to be 16 in two months, and he knows his involvement more than you or I," the judge said.
"I really want to just get this over with, OK," Brown said.
He and Morris were hanging out at Emmett and Steuben streets last October when two men, one of them Oeser, drove up and wanted to buy crack cocaine, Brown said. Brown had a small amount, but the buyers wanted "weight," he said.
So the teens climbed into the back seat and directed the driver to Mumford Street to get more drugs. Instead, Brown said, they got guns to rob the buyers. The driver gave them $20 and ran, he said. The passenger, Oeser, not wanting to give up his money, struggled and was shot in the back by Morris, he said.
"It's very unfortunate because Brandin got caught up in a situation that escalated out of his control," Della Ratta said outside court.
"Somebody in Brandin's situation has very limited options," he said. "You grow up in an environment so filled with crime, that's all he knows."