Did Chardon killer TJ Lane's age play a role in his sentencing? - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

Did Chardon killer TJ Lane's age play a role in his sentencing?

TJ Lane (Source: Lorain County Correctional Institution) TJ Lane (Source: Lorain County Correctional Institution)
GEAUGA COUNTY, OH (WOIO) -

When TJ Lane pulled the trigger killing three in Chardon High School he was 17 years old.

The issue at hand is, should his age have been what they call a mitigating factor when the judge handed down his three life sentences with no chance of parole.

A mitigating factor is any information, like age, that must be considered, which might reduce charges or give a lesser sentence.

Today in the 11th District Court of Appeals, without Lane present, his attorney tried to say the judge did not openly say in court that he considered Lane's age in the sentence.

From the very beginning, Attorney Partlow made it clear that the hearing was not about getting Lane off, but about finding what sanction is appropriate.

The Ohio Supreme Court ruled earlier this month that judges must specifically discuss a youth's age in court when sentencing a teenager to life in prison without parole.

"Before you didn't necessarily have to consider youth, you could consider it. And not only that, you certainly didn't have to consider it a mitigating factor. The Ohio Supreme Court has now said youth is a mitigating factor period," says Attorney Michael Partlow.

Geauga County Prosecutor Jim Flaiz argued that just because the judge didn't say out loud in court that he considered Lane's age as a mitigating factor doesn't mean it wasn't considered at all.

"He looked at all of the psychological evidence and frankly the defendants actions. He planned out this killing. It was very premeditated. He went into the school he methodically shots his victims. And when the judge looked at all that evidence all of that far outweighed the defendant's age," explains Flaiz.

Prosecutors argue the legislature makes it very clear -- at 17 if you commit aggravated murder, you are going to be tried in adult court.

Lane is serving three life prison sentences for the shooting deaths of three students in February of 2012.

17-year old Russell King, Jr., 16-year-old Daniel Parmertor and 16-year-old Demetrius Hewlin were killed in the shooting. 17-year-old Nick Walczak remains paralyzed from the waist down. 18-year-old Joy Rickers and a 6th, unidentified victim were treated and released from the hospital.

No timetable for a decision has been set.

Copyright 2014 WOIO. All rights reserved.

  • FOX19 HeadlinesMore>>

  • Starbucks incident highlights perils of shopping while black

    Starbucks incident highlights perils of shopping while black

    Wednesday, April 18 2018 4:53 PM EDT2018-04-18 20:53:18 GMT
    Thursday, April 19 2018 5:53 AM EDT2018-04-19 09:53:38 GMT
    (Mark Bryant/The Philadelphia Inquirer via AP). Camille Hymes, center, regional vice president of Mid-Atlantic operations at Starbucks Coffee Company, speaks with Asa Khalif, of Black Lives Matter, right, after protesters entered the coffee shop, Sunda...(Mark Bryant/The Philadelphia Inquirer via AP). Camille Hymes, center, regional vice president of Mid-Atlantic operations at Starbucks Coffee Company, speaks with Asa Khalif, of Black Lives Matter, right, after protesters entered the coffee shop, Sunda...

    The handcuffed arrest of two black men at a Philadelphia Starbucks served as a fresh reminder of the perils of "retail racism" that African-Americans and minorities encounter on a regular basis.

    Full Story >

    The handcuffed arrest of two black men at a Philadelphia Starbucks served as a fresh reminder of the perils of "retail racism" that African-Americans and minorities encounter on a regular basis.

    Full Story >
  • FAA orders fan blade inspections after jet engine explosion

    FAA orders fan blade inspections after jet engine explosion

    Thursday, April 19 2018 1:02 AM EDT2018-04-19 05:02:22 GMT
    Thursday, April 19 2018 5:53 AM EDT2018-04-19 09:53:00 GMT
    (NTSB via AP). National Transportation Safety Board investigators examine damage to the engine of the Southwest Airlines plane that made an emergency landing at Philadelphia International Airport in Philadelphia on Tuesday, April 17, 2018. The Southwes...(NTSB via AP). National Transportation Safety Board investigators examine damage to the engine of the Southwest Airlines plane that made an emergency landing at Philadelphia International Airport in Philadelphia on Tuesday, April 17, 2018. The Southwes...

    The Federal Aviation Administration's announcement late Wednesday comes nearly a year after the engine's manufacturer recommended the additional inspections, and a month after European regulators ordered their airlines to do the work.

    Full Story >

    The Federal Aviation Administration's announcement late Wednesday comes nearly a year after the engine's manufacturer recommended the additional inspections, and a month after European regulators ordered their airlines to do the work.

    Full Story >
  • Southwest Airlines pilot lauded as hero for handling crisis

    Southwest Airlines pilot lauded as hero for handling crisis

    Thursday, April 19 2018 12:52 AM EDT2018-04-19 04:52:13 GMT
    Thursday, April 19 2018 5:37 AM EDT2018-04-19 09:37:02 GMT
    (Thomas P. Milne/U.S. Navy via AP). In this image provided by the U.S. Navy, Lt. Tammie Jo Shults, one of the first women to fly Navy tactical aircraft, poses in front of an F/A-18A with Tactical Electronics Warfare Squadron (VAQ) 34 in 1992. After lea...(Thomas P. Milne/U.S. Navy via AP). In this image provided by the U.S. Navy, Lt. Tammie Jo Shults, one of the first women to fly Navy tactical aircraft, poses in front of an F/A-18A with Tactical Electronics Warfare Squadron (VAQ) 34 in 1992. After lea...
    The Southwest Airlines pilot being lauded as a hero in an emergency landing after a passenger was partly blown out of the jet's damaged fuselage is also being hailed for her pioneering role in aviation.Full Story >
    The Southwest Airlines pilot being lauded as a hero in an emergency landing after a passenger was partly blown out of the jet's damaged fuselage is also being hailed for her pioneering role in aviation.Full Story >
Powered by Frankly