Denzel Horne, 21, of Newton was sentenced last month to 2 1/2 years in a house of correction with one year to serve and the balance suspended for five years, Newton Patch reported last month. Horne was found guilty of a bomb threat at Newton North High School in 2007.
Note: Thanks to Mike Striar for calling this to our attention, writing:
I am mystified as to why this case was viewed as anything more than a student prank, akin to the many false fire alarms for which no one ever seems to get arrested, let alone prosecuted. While a school suspension was certainly in order, terrorism charges seemed more than overblown. Denzel’s first trial resulted in a hung jury. Yet the Commonwealth decided to go for a second trial, which resulted in a guilty finding, and Denzel was sentenced to the House of Correction for at least one year, where the now 22 year old currently resides.
Photo from Horne’s Facebook page.
I am not an attorney – but could the reason be that he put a note claiming a BOMB was in the school versus pulling a fire alarm? What has happened to other students pulling a fire alarm?
I would think claiming a bomb was in a school or anywhere is a bit more serious than pulling a fire alarm.
Isnt the punishment the same if you go into a bank to rob it and have a fake gun or a real gun or have no gun but tell them you do??
@Joanne – I don’t think that analogy is at all apt. In a bank robbery whether you have a gun or you don’t have a gun, you are robbing a bank – a serious crime.
If you put a bomb in a school, you’re trying to blow people up. If you put a note in a school about a bomb – you’re a 17 year old kid pulling a really, really stupid prank.
I come back to the same question – what possible good can come out of sentencing a 22 year old to spend 2 1/2 years in prison for a stupid prank they did when they were 17, where no one was hurt, harmed or in danger. To me it sounds like the prosecutor went way overboard, the first jury refused to go along with it, and the prosecutors refused to come to their senses and tried him a 2nd time.
I’ve just heard about this for the first time. I’d love to see some more details if anyone can find them in hopes of learning something about the case that would convince me that its not an example of the justice system spinning out of control.
there were more than a few bomb threats called into my high school back in the 80s. missed a few classes, but nobody was ever hurt. I think they caught a few of the callers and suspended them.
i have to agree with Jerry, what good will come of this sentence and what is the cost the state to arrive at this verdict and incarcerate this kid?
I spoke to my brother this evening. He’s a lawyer (and would have been a candidate for a similar sentence based on some high school pranks that he was caught for many years ago). He had heard nothing about this case but told me of another high school student in MA who was caught putting exploding plastic coke bottles in his school. It caused a panic but no one was hurt and there was no intention of anyone being hurt – i.e. a stupid high school prank.
The student was charged but a deal was made without going to trial, he was put on probation and I think some community service but certainly was not incarcerated.
My brother said that as described this case sounded unduly harsh but wondered if there was more to the story – i.e. the perpetrator got into some other more serious trouble before it came to trial. Based on the very minimal facts in the sentencing story it doesn’t make sense and sounds ridiculously extreme. I’d love to hear the prosecutors side of the story to see if there’s something I’m missing.
Disappointing post. No background (the alleged offender could have been on probation), a picture is posted assuming it’s the right person, and saying he’s in jail when he could be appealing…
@Hoss: I’ve brought this up before on this blog and I’m sure I will do so again. This is a no-profit, volunteer-run, community blog and should not be confused with a blog attached to any newsroom. Our model depends on crowd sourcing. In other words, rather than being “disappointed” that no one has handed you background or details about appeals, go do your own research (look up court docs, call the guy’s lawyer, submit a FOIA, post something on his Facebook page etc.) and then come back here and tell us what you’ve learned.
I don’t write this to shirk responsibility, just to call it like it is. And if that model doesn’t work for you, then maybe this isn’t the right site for you.
@Greg– Thanks for initiating this thread.
@Hoss– You’re completely right, but I requested this thread in part to piece the story together, and I’m hoping it will generate information as well as comments. Until now, the only place this story has appeared was on the Newton Patch. Since this young man’s future hangs in the balance, I felt the story deserved more attention. I did make The Tab aware of it as well, but Gail explained to me they are very short on resources and she didn’t know if the paper would be able to cover the story.
I have a few comments and thoughts… I know Denzel, but not well. I coached his youth basketball team for one season when he was 16 years old, a year before the incident at NNHS. About a week ago, I received a phone call from another former player asking me if I knew that Denzel was sentenced to prison. I immediately read the story he referred me to on the Patch. I remembered hearing about the bomb scare in 2007, but had no idea what happened after that. So I went back and read the original news item that Greg has linked to the top of this thread.
The core accusation is that while Denzel was a 17 year old student he taped a note containing a bomb threat to the front door at Newton North. I’m not aware of any prior criminal record, or any other charges.
It struck me as unusual for a student to be charged with a crime for an incident like this, rather than addressing it on a disciplinary level within the school. Assuming he did what he was accused of, I would think a lengthy suspension would have been in order. If a criminal charge was to be brought, I would think it should be for sounding a false alarm, because the result was exactly the same as pulling as a false fire alarm, and both high schools have had their share of those. So it immediately strikes me that there was some prosecutorial overreach, right from the beginning.
I understand how frustrating and even infuriating it must be for administrators, teachers, and students to have their school day interrupted by an incident of this type. But no one was injured, and the intent seems to have been more a disruption than anything else.
So here’s this 17 year old kid, now a 22 year old man, who has gone through the 5 year ordeal of two criminal trials for an incident that should have begun and ended with a suspension from school. The first trial resulted in a hung jury, which does tell us something, but the Commonwealth inexplicably opted to retry the case.
I can’t get past the thought that if Denzel were white and came from a family of means, this case would have been resolved long, long ago. That’s the nagging problem for me. I want to know why this case was different from all the other cases of false alarms. What warranted putting this young man in jail, and quite possibly destroying his life over a foolish prank when he was only 17 years old. While I grant that I don’t know all the facts, I believe I know the most pertinent. I’m very concerned that the way this case was handled had as much to do with the color of Denzel’s skin, than the crime he committed.
He was jury tried in Middlesex Superior Court (Woburn). Once, I was called in this court for jury duty in June 2008. And I noticed that the security guards communicated with prospective jurors instead of the court clerk office employees. If the same happened at his trial, then the jurors had been inappropriately affected before the trial.
Mike Striar — I believe you knew Evan Hoffman as well and it is at least “interesting” that one was charged on a felony level and the other a misdemeanor level (Hoffman). (Dissimilar accusations, a note versus a death, and it seems the note was more of a community concern) If the accused in the threat matter had a history which included acting out threats, this sentence might make sense. I respect your concern — would like to see more on this
Hoss– Yes, I coached Evan Hoffman’s basketball team as well. He went to school with my son for a few years, so I know Evan much better than I ever knew Denzel.
The two cases do make for an interesting comparison though on a few different levels. I believe that if he is found guilty, Evan faces less time in prison [if he even goes to prison] than Denzel faced with the charge that was brought against him. That alone makes absolutely no sense. In Evan’s case there’s a dead man and a grieving family left behind, their lives forever altered. We know that in Denzel’s case no one died or was even injured, and I seriously doubt if anyone’s life was forever altered… except of course Denzel’s.
Evan is white, and comes from a wealthy family. Denzel is black, and as I recall comes from a family of significantly lesser means. I fear these two facts, race and socio-economic status, may have more than a little to do with why Denzel was treated so harshly. When you add a hung jury into that equation, it at least indicates others may have had the same doubts I’m expressing.
I agree, if there were prior instances of violent behavior, we could perhaps make more sense of Denzel’s sentence. But unless and until I find out otherwise, I’m going to give him the benefit of the doubt and assume this prank he pulled as a 17 year old kid to be his worst and only offense.
A quick Google search turned up at least five similar cases (bomb threats by students at high schools) in the past month. Arresting and charging with a crime (sometimes a felony) seems to be the standard response. So this case doesn’t seem that unusual when viewed in a broader context. Here are a couple of those examples:
http://medinagazette.northcoastnow.com/2012/01/24/teenager-charged-in-bomb-threat-at-wadsworth-high-school/
http://vernon.patch.com/articles/student-sends-high-school-bomb-threat-over-twitter
@Anil – Yes the standard response is arrest and charging but the difference is that it appears that in most cases, ultimately, the charges are dropped, pleaded, or settled and no one goes to prison. So in this case what stands out is not that he was charged with a crime but that it went all the way to trial twice and ended with a two and a half year sentence. That appears to be extremely unusual.
Anil presented a case in Ohio — here is a 12 year old in Ohio that received 6 months for a school threat — http://libertarianrock.com/1999/05/inducing-panic-may-lead-to-jail-time/ (The other article did not mention charges, if any)
Interestingly with respect to the 12 year old, there was a kid at Countryside (Newton) last year that said he had a bomb but wasn’t charged. http://newton.patch.com/articles/bomb-threat-evacuates-countryside-elementary-all-kids-ok
@Anil– I welcome ANY information that may help put this case in context, even if it contradicts my opinion on the matter. But I’m going to echo Jerry’s comment above…
The first link you provided was for a situation that happened last month. The police did arrest the young man, but the case doesn’t appear to have moved forward yet. Also worth noting, that young man was 18 years old, so he was not a minor.
The second link involves a tweeted bomb threat. And again, we don’t know how that case will be resolved. What I’d be particularly interested in is any cases where a juvenile offender has been tried and sentenced to prison for a similar situation. I can’t seem to find any.
While my gut instinct is that cases like this should be dealt with as an in-school disciplinary issue, I’m not oblivious to the fact that there have been many unfortunate cases of extreme violence committed by students. So I’m not suggesting that a case of this type should not be addressed through the justice system. However, I’m very hard pressed to find anything resembling “justice” in this specific case.
@Jerry – I don’t think that these are always plead away:
http://blog.cleveland.com/plaindealer/2007/05/teen_sentenced_for_threats_to.html
http://www.sanduskyregister.com/2008/mar/14/just-shs-bomb-threat-caller-sentenced-16-months
http://www.tcpalm.com/news/2010/jun/24/judge-today-will-sentence-teen-accused-of-in-to/
While I can agree with anyone who suggests that this appears to be a harsh punishment for a “prank.” Let’s not forget that there are very tangible and tangential costs associated with such pranks.
Of the top of my head, here’s a few
Public safety cost: Firefighters, police, bomb sniffing-dogs and anything else employed to determine if the threat was real and to investigate it after.
Disruption to an entire school: As I recall, classes were cancelled and made up at the end of the year. But that costs us taxpayers an added day of transportation costs, pay for hourly school workers, perhaps food that had been prepared in cafeteria for that day that has to be disposed, changes if there were scheduled field trips, special events, etc.
Disruption to after school activities: Sporting events, adult ed, performances and any other program that had to be cancelled or rescheduled and so on.
Disruption to staff, students, parents and anyone else who need to adjust their lives that day and on a make up day. Lost days of pay, changes to vacation plans. Interruptions to the curriculum.
Social angst: Bomb scare can be, um, scary.
…and so on.
@Anil– Again, I welcome ALL comparisons and think they are all valuable. I’ll offer some brief comments about the last three cases you provided links for. The first two of those three involved adult non-students. The third offender was sentenced to juvenile “boot camp.” Denzel was a 17 year old student at North when he taped the note to the door. Five years later he was sentenced to prison.
I wonder if he chose not to take a plea agreement, rather than not having been offered one. All it takes is bad legal advice for someone to take the risky gamble to go to trial.
Greg Reibman — In the Boston area in the 1970s (Busing era) and prior bomb threats happened often here, often in the spring and often on a Friday. Other security threats were common as well — e.g., “a gang from Boston is coming tomorrow to do some damage”. That is all according to my recollection of high school in this area in that era. Perhaps others are relating that “commonness” to the threat. But as a basic, since when has gov’t become cost part of sentencing?
But as a basic, since when has gov’t ^costs^ become cost part of sentencing?
Does anyone remember this guy? He was a Gitmo detainee and Jihadist, whose plight — rightly or wrongly – warranted the efforts of a number of Newton attorneys and the Board of Aldermen while receiving extensive news coverage.
It would seem that the case of Denzel Horne would deserve as much attention. Crowd-sourcing is great, but the case of a Newton school student who looks to have been thrown in prison over a prank could actually be social injustice – served up in our own backyard. Where are the activists and media this time around?
For the past ten years I have had conversations over dinner, received phone calls and opened emails from my father, Michael Striar, regarding Newton politics and local issues. Some pieces of information have shocked me while others have excited me. Never before however have I been so moved as to go online and post a comment myself. I am absolutely appalled with what is going on here. There are a couple of things I would like to address…
First, though I appreciate postings of similar situations elsewhere, I can’t help but feel even more infuriated by them. Just because rulings have gone similarly outside of Newton does not mean it was any more right. A 17 year old boy named Denzel made a stupid mistake. He did not put a bomb outside of school, he did not intend on hurting anyone (and in fact did not physically hurt anyone). I am sure in his 17 year old mind he wanted a day off of school and that was all he was thinking about. No, I do not stand by his actions, but I believe this extreme level of punishment can only do harm. Now we have a 22 year old man who is going to a house of correction for at least a year. When he comes out we will have an extremely jaded young man who’s life will be completely and negatively altered.
I will admit I am not completely informed on all of the details of his case, although I certainly would like to be. Despite the fact that I have not spoken to Denzel since high school, I knew him back then. He was a good guy, with a good heart, never looking to hurt anyone. I hope people keep this post alive so that his case can continue to be looked at. Regardless of his skin color, income, background, etc. he deserves a fair chance. It is fine to disagree with my opinion but it is not ok to bury this story. I encourage people to post this on there twitters, facebooks and to email their friends and family. People need to hear about this so that we can try and make a difference before it is too late.
There was a bomb threat at Newton South back in 2006. It was a prank on behalf of the senior class, who went so far as to create a fake bomb and place it in the parking lot (I believe there was dry ice involved to create a smoking effect – whatever it was was convincing enough to warrant a bomb squad sent in.) As far as I know, no one was prosecuted for that (or even suspended,) and it would seem that that prank incited far more concern than what Denzel pulled.
@Hoss: As I tried to make clear, my comments about the costs of a bomb scare were not meant to comment in anyway directly on this case, only to remind readers that “pranks” aren’t always harmless. As a society we need to make sure our kids understand this. The fact that this case has drawn little publicity (until now) doesn’t even have the benefit of serving as a deterrent.
@Roxy: Thanks very much for your contribution here. I admire your determination to shine a light on this.
@Bill Brandel: Good point. The thing we don’t know is who and how this case was handled . Are there important details were missing? Was Horne given bad legal advice? It’s too badMike was unable to convince the editor of our local paper to cover this (although I certainly understand the resources issue). Hopefully someone else — both in the media and the legal world — will take a look at this now. You right too, crowd sourcing, only goes so far. But it can be an important first step in the process and I’ m glad to have this forum to do so.
Although I am not aware of any past criminal history that Denzel may have had (as the gentleman mentioned earlier in the thread), I find it very hard to believe that this is a moral or an effective punishment. He was a minor for godsake, and it ended up being a complete prank. I am not saying that he should not be punished….but two years in a house of corection? How about some community service or boot camp? Lets have him learn a thing or two…this is coming from a guy who has done plenty of foolish things in his life but somehow people understood that I was just growing up. Again, I am not aware of the specific circumstances. It would be appreciated if anybody could share details.
Does anybody have any idea of how we can get the details of this story? It’s clear that many of us our seriously disturbed about the story – the few senteneces that we’ve heard.
Greg, as a news guy, do you know how one would dig into this and get more information. I’m volunteering for the job if you can give me a few pointers about which way to go or who to talk to.
@Jerry: You can start with Middlesex County District Attorney, which prosecuted the case. Probably better would be the court, which should have a public file on this. In addition to the court documents and details of the ruling, you could find out the name of Horne’s attorney, who should know if an appeal is in the works.
According to Patch, which seems to have taken all of its information from the DA, Horne was sentenced on Jan.30, 2012.
Jerry– I think a good first step would be to find out who represented Denzel [reserving our judgement on the effectiveness of counsel, until we know more of the facts], and simply ask his attorney what happened in this case.
It’s truly amazing how people will jump so quickly without thinking about the implications of action. Let us ignore race momentarily and discuss the ramifications of what Denzel did. Mike I respect you and have for years, and we’ve often agreed on many issues, but I could not disagree with you more on this one. Calling what Denzel did a “frustrating disturbance to the school day” shows a lack of understanding of what type of threat this was. Denzel did not commit an act in the heat of the moment or innocently disturb a school day, but rather, had a plan. With malice aforethought, he wrote a note, brought it to school, and threatened the students, the administrators and specifically, Jennifer Price. This is NOTHING like pulling a fire alarm. Denzel knew the repercussions of his actions, as I’m sure at some point he had seen the intense reaction of the city of to something much less sinister such as pulling a fire alarm or drinking at a football game. North and Newton do not take things lightly, we live in an intense, competitive and driven town. His act not only cost time and money, but also more importantly resulted in the feeling of a less safe learning environment – something that Newton schools place much pride in. There is no doubt to the fear people felt. Now, lets sadly talk about the race card which all of you were so fast to draw upon. I am a double honors society with both the National Criminal Justice society and the National sociology society. I am not talking from a place of passion or from an uneducated vantage point. Race may have been an unfortunate factor in this trial; it is impossible to ignore socioeconomics, criminal justice statistic and general sociology. Yes, statistically if Denzel were white he would have had a higher percentage chance of receiving probation over incarceration. This being acknowledged what Denzel did was extremely serious and unfortunate. A young man made a life-altering mistake, but he or anyone else cannot be allowed to ever think they may threatened another persons life, and simply be allowed to not feel any repercussions. As citizens of Newton, we have a fundamental right to feel safe in our community and Denzel violated that right. He should be punished. Although it hurts us as a community to send a potentially good person to a toxic environment, we as citizens must uphold a standard.
I must add… I’m blown away that my daughter is following her hometown news from LA. And I appreciate her comments, because she knew Denzel better than I did.
Also, I found the story in Katherine’s post very interesting. Not only a similar situation in 2006 at South, but that one involved an actual prank bomb. How is it possible that these two situations were treated so differently?
Jerry Reilly — If your brother is a lawyer, ask if it’s costly to run a Lexis search. Depending on his account, it may not be costly at all.
Slowly but surely, one by one, each of you peer through the peephole, see a criminal offense, see a black person, see a judge’s punishment. You’re focusing on the black part. If a 17 year old from Wayland did the offense while white you would not have a similar concern?? I would. It’s a peephole — black and punishment are causing associations.
Isaiah– I completely respect your opinion. I’ll offer two points of rebuttal. You referred to Denzel at 17 years of age as a “young man.” Some might agree. Not old enough to vote though. Not old enough to drink. Barely old enough to drive. So to a man of your age, a 17 year old is a “young man.” To a man of my age, most 17 year olds are still kids. I guess that’s just the perspective of time.
The other point of rebuttal is a question… How do you square the punishment Denzel received, with whatever disciplinary action [if any] resulted from the 2006 incident at South? That’s the situation Katherine referenced above, in which an actual inoperative device was used.
Isaiah, I’m not educated in the law. I didn’t study law in school. So I’m not going to attempt to debate this case on it’s legal merit. And I’m certainly not suggesting Denzel did not deserve to be punished for his actions. I’m simply questioning the severity, and the appropriateness of that punishment, in light of the fact that similar cases have carried far less consequences. Now that five years have gone by, Denzel certainly meets anyone’s standard of a young man. I’d hate to see a young man’s life ruined over a mistake he made as a kid.
Roxy thanks for posting and good luck in LA.
Without knowing all the details here, I too, believe that race and/or economics may have played a part in this decision. Unfortunately, we all know that wealthy people can buy better representation than the less fortunate.
@Hoss – None of my reaction or none of my comments had anything to do with “black and punishment are causing associations”. What’s stirred me up, as a previously stupid teenager, is the idea that a 22 year old has been sentenced for two and a half year prison sentence for a ridiculously stupid and mindless teenage stunt that I could imagine having been involved in myself many years ago when I was a stupid and mindless teenager.
I have no idea of why the sentence in this case is seemingly off the charts. Could it be racial, maybe. Could it be that that the perpetrator was involved in other more serious crimes, maybe. But until we find a reasonable explanation for what otherwise appears to be a judicial system gone wrong, I’d like to find out some more facts.
Also, by my quick count there’s been fifteen people posting and only one has mentioned a possible racial issue. Regardless of race, without some additional information or facts, this feels like a prosecution out of control.
Thanks to @Greg’s info, I think I’ll do a little research tomorrow and report back if I find anything.
Likely but certainly, he was represented by Carl N. Donaldson of Carl Donaldson Law Offices, 11 Beacon Street, Suite 325, Boston, MA 02108, Office: 617-270-9677 .
Please, see the following:
http://www.mass.gov/obcbbo/bd06-095.htm
http://www.mass.gov/obcbbo/bd10-110.pdf
Mike – thank you for bringing attention to this young man’s prosecution. Unless there is some really big piece missing from this picture, it is an appalling ruling.
How does prison time for a bomb threat benefit anyone? Community service seems like a much more appropriate sentance for a first time offender.
Do we know that he was a first time offender? Any extenuating circumstances? If not, it sure looks like prosecutorial overreaching, even in the post 9/11 environment. Who can dig out the facts of this case?
I made a few calls and did a bit of poking around but can’t say I really came up with any new hard information.
I spoke to the Middlesex DA spokeswoman who issued the press release. When I spoke to her about why there was such a seemingly severe sentence in this case she would only say “he was found guilty by the court and that’s the sentence that was handed down”. When I pressed her a bit more she said “I’d be happy to send you the court’s sentencing guidelines” – which doesn’t really help
I spoke to the defense lawyer who handled Denzel Horne’s first trail – the one that resulted in a hung jury. He wasn’t involved in the 2nd trial. He said that kind of sentencing “happens all the time if you’re a black man”. He said he sees it all the time. When I pressed him about whether there were any other contributing factors that explain the heavy sentence he said that he wasn’t involved with the 2nd case.
I came across a news story in the Tab about the 2008 Newton North graduation and it listed Denzel Horne as one of the students graduating. It seems his crime was serious enough to be sent to prison but not serious enough to be expelled from the school.
@Mike — Admitting that you do not know the specifics of the case, how can you possibly toss around accusations of racial injustice? For all we know, the hung jury could have been all white, and Mr. Horne could have been convicted by a jury composed entirely of blacks. This isn’t the Ruben Carter trial, with a loaded jury and planted evidence. I just don’t buy it. What we do know, however, is that the jury convicted a GUILTY defendant, as they are supposed to do.
As for the sentence, plain and simple, making a bomb threat is a crime punishable by jail time. A quick Google search reveals a multitude of folks from a variety of racial and ethnic backgrounds currently in jail for making bomb threats, some sentenced to more time than Mr. Horne. With some better legal advice and given his age, Mr. Horne could have almost certainly accepted a plea bargain to serve a minimal sentence or no jail time at all, with a lengthy probation period. In all likelihood, Mr. Horne employed a predatory attorney who did not put his client’s best interest first and encouraged him to plead not guilty. Mr. Horne’s predatory attorney, I believe, is the bigger outrage in this case– as well as perhaps the sign of racial inequality that Newton so pathetically and desperately wants to beat into the ground.
While it is clear that all the facts are not known in this case, it certainly does raise a number of questions.
According to the website of a “Forensics Expert” (http://rgchristopher.com/FINGERPRINTING.php) who apparently testified on behalf of the defendant at both trials, Horne was represented in the first trial by an attorney who has been suspended from the Mass Bar several times for failure to provide competent representation and ethics violations, according to the links provided by “Re”. The attorney for the second trial, according to the same site, was Atty: Daniel Beck, Cambridge, MA.
@Tricia – thanks, I’ll call Daniel Beck and see what he can tell us
Greg: One point about media: I wasn’t calling out only the Newton Tab — other media outlets, both cable and otherwise jumped on the Gitmo detainee story. As well as the attorneys and aldermen.
The larger point is that, as you say, we don’t really know the facts — and that has been the news media’s traditional public role: Gather facts and publish. Maybe my thinking is provincial, here, but it seems like a lot of inertia when this instinctively seems like an important and yet overlooked story. Especially here in Newton. Perhaps this is where Newton pivots to crowd-sourcing as its primary form of information and community action. It will be interesting to see how this plays out.
@Dan Groob– While we don’t know all the facts of the case, we certainly know enough to cause quite a bit of concern about the result. And we are actively and collectively seeking the additional facts. Your suggestion that Denzel may “have been convicted by a jury composed entirely of blacks”, is exactly the kind of baseless speculation that we don’t need, as it only distracts from facts. Read what Jerry Reilly posted above regarding his conversation with one of Denzel’s attorneys, who said this kind of sentencing “happens all the time if you’re a black man.” Frankly, Dan, I believe that’s something most of us already knew, so I don’t think you should be so dismissive of the possibility that race played some role.
You also mentioned that your “quick Google search” indicated “a multitude of folks from a variety of racial and ethnic backgrounds currently in jail for making bomb threats.” Dan, all I can say to that is, so what? We all know there are people who make bomb threats and go to jail. Does that mean every case is exactly the same? If you dig a little deeper, Dan, I believe you would be hard pressed to find a juvenile offender under similar circumstances who was treated as harshly by the courts as Denzel. Again, I suggest you read some of the earlier threads in this post, where we compared this case to several others.
I believe part of what happened in this case, was that the offense was committed by a 17 year old kid. By the time Denzel’s SECOND trial took place years later, [the first having resulted in a hung jury], the jury was looking at a fully grown man, and applied a different standard than was warranted for a juvenile offender.
I spoke to Daniel Beck the defense lawyer in the 2nd trial. He said that the DA was pushing for a 3 year sentence and the judge gave him one year. He said that one difference between this case and some of the others is that he went to trial. In the many cases that don’t go to trial and there’s a plea bargain the penalty’s are usually lessened substantially.
He wryly commented on how the system is not supposed to punish people for exercising their right to a trial, but it is allowed to reward people for not going to trial. He said he’d leave it to the philosophers to figure out the difference.
He said that Denzel Horne did not have a completely clean record. That there were a few minor blotches on his record but nothing serious – he didn’t go into any details.
He said that the incident did cause large disruptions at the school. Arguably some of the disruption may be chalked up by some to over reaction on the part of the authorities. The principal gave an “impact statement” that said as a result of the incident the police stationed a cruiser outside of her house for a week and that it caused widespread disruption in the school.
What’s still puzzling me though is the seeming contradiction between being sent to prison for a year vs being allowed to continue at the school and graduate.
I wonder how much of a role the principal’s impact statement played in Denzel being sentenced to prison? This is the same principal who according to another thread on this blog, used the theft of a teacher’s laptop as an opportunity to provide “help” for the student who stole it. Doesn’t sound like she was interested in providing any “help” to Denzel.
Before jumping to conclusions, we need a lot more information. On the surface, it does seem wildly incongruous that NPS would not expel a kid for something that the judicial system deemed worthy of incarceration. It would be helpful to get a transcript of the court records including the impact statement. Also, how did NNHS arrive at the what ever punishment for a kid who threatened to bomb the school? If a kid threatened this today, what would happen to them?
In a post 9-11/Columbine world, it is odd that so little is known about this story.
@Mike Striar — A few facts have emerged here, all of which point to a very reasonable conviction and sentence.
1. Horne is GUILTY of making a bomb threat, which included an additional threat directed at the school principal.
2. Horne chose to plead not guilty, despite the fact that he is very blatantly guilty. This shows incredible arrogance on the behalf of Horne and his attorney, to think they could somehow make it through the risk of trial with such an open and shut case. You cannot possibly deny that cutting a plea bargain would have greatly benefited Horne.
3. Horne had prior offenses (multiple) on his record. Though his attorney claims these were “minor blotches,” there is a reason he did not go into detail.
4. The hung jury was more of a temporary gift than an indication of innocence. There was a retrial because Horne was indeed guilty, and the DA sought jail time for a criminal who deserved jail time. The DA did his/her job.
5. Precedent exists for this type of sentence. Here’s one example- http://citizensvoice.com/news/former-tunkhannock-student-sentenced-for-bomb-threat-1.1117301#axzz1n8jPKWNs
Here’s an excerpt from the article:
——-
At the sentencing hearing Wednesday, Albert-Heise asked for leniency, saying Ankenbauer had never been in any trouble before.
“There was no actual bomb. It was just a stupid prank,” Albert-Heise said.
Albert-Heise said the incident and its aftermath have helped Ankenbauer become more mature, and the thought of going to jail has Ankenbauer scared.
Ankenbauer had little to say when Judge Russell Shurtleff asked if she wanted to address the court, saying only, “I regret what I did.”
——-
Does any of that sound familiar? Aside from the fact that Ankenbauer plead guilty, apologized, showed remorse, and had a clean record, yeah, the sentiment is similar to that regarding the Horne case– and so is the sentence.
How dare you accuse Ms. Price of favoritism, how dare you even speculate to her level of interest in helping Denzel. You’re speaking from a perspective with zero intimate knowledge of what actually happened. I’m sorry but this is disgusting. Ms. Price is a highly valued member of the Newton community who is above petty speculation regarding her interest, which is really just a substitute word for caring. This is a professional who turned a potentially bad situation into a teachable moment and furthermore she sought out professional help for a student in crisis. The two cases have nothing in common.
If the people of this post have an issue with Denzel’s sentencing and want to discuss it, then absolutely we should have a discussion, but do not evoke thinly veiled racism and preferential treatment on two cases which are not involved and complexly dissimilar.
Maybe I missed it, but when was he actually arrested for this? The incident happened in late 2007 so it’s possible that he wasn’t identified as the alleged perpetrator until after he graduated in the spring of 2008.
Also, it sounds like the threat went beyond the generic “there’s a bomb in the school” to include specific threats against an individual (the principal), which may also be a contributing factor in the sentence.
I’ve been having the same thoughts as Tricia. And if there were specific threats against the principal, it is certainly reasonable and to be expected that she might give a victim impact statement. The fact that the police stationed a cruiser outside her house for a week shows that the threat was taken seriously at the time. That sounds like a serious enough personal threat to explain a sentence that includes jail time.
@Dan Groob – unless you have some additional factual information – no, we don’t know that he made “an additional threat directed at the school principal”. We also don’t know it “was an open and shut case”, its certainly possible, anything’s possible, but we don’t know – which is why we’ve been trying to get the facts.
Yes, in the case you sited an 18 year old did get incarcerated for a bomb threat – though for far less time (1 month – year). We also know of cases though where teenagers have done similar things and had suspended sentences, community service, etc.
No one here is arguing that the courts don’t have the right to sentence him for that long, we’re questioning the rationale, the utility, and what social good would be served by that sentence and also raising questions of why this sentence is so much more severe than what would appear to be the norm. There might be good answers to all these questions, or not. Without more details and facts I don’t think any of us are yet in a position to know.
@Dan and Isaiah– Let’s take both of your comments point by point…
Dan, you numbered your points, so I’ll respond to those first.
1. True. He was guilty.
2. Do you know that he was in fact offered a plea bargain?
3. What were the prior offenses you’re referring to?
4. You referred to the original hung jury as a “more of a temporary gift than an indication of innocence.” I’m unaware of any role “gifts” play in the judicial process. The only FACT we can take away from the hung jury, is that at least one juror was not convinced of guilt. So let’s try to deal with facts, rather than your editorializations.
5. The case you referenced and linked actually works against your argument. In that case there were multiple defendants. One of those defendants was technically an adult, and tried in adult court. The two other defendants were juveniles [just like Denzel], and their cases went to JUVENILE COURT.
Now, Isaiah– I know Principal Price has her fans. I am not one of them. But that’s an irrelevant point. She chose to offer a victim impact statement in a trial against a former student, five years after an incident in which no one was physically harmed. While I don’t question her right to do that, I have every right to question her motive for doing that. A young man is sitting in prison right now, quite possibly in part because of that victim impact statement. You asked how I could question Price’s “level of interest in helping Denzel.” I think it’s pretty obvious she had no interest in helping Denzel. But if you are aware of anyway in which she did offer him help, I would be very interested in hearing about it. So I hope you’ll follow up on that point.
@Jerry Reilly — I have to believe that Horne having multiple prior offenses played a substantial role in his sentencing. It may have even been the deciding factor. Given the facts, the judge affording Horne one year as opposed to the three sought by the DA is about as reasonable as you can get in this case. You can’t have multiple priors (indicating a history of poor judgement and recklessness), threaten to blow up the school, not cut a plea bargain, and somehow not serve jail time. That would be a complete failure on behalf of the judicial system.
Referring to the hung jury and delay of a second trial until five years later, in MA you are tried as an adult at 17. Horn was arraigned as and tried as an adult in the first trial. Claiming that trying him again at 21 is unfair because the jury now sees a man before them, as Mike Striar put it, is simply seeking age-based pity for a criminal. That’s ridiculous.
The overriding sentiment here is that Horne received this sentence because he is a black male. I’ll call it how I see it, and I call BS. There are plenty of instances of racial profiling and wrongly convicted blacks. This is not one of them. Blacks do have higher false conviction rates than whites, and that is a huge problem in America. It’s downright embarrassing, shameful, and wrong. But Horne was, plain and simple, convicted and sentenced because he plead not guilty to a serious crime of which he was guilty, and had priors on his record. Andy Dufresne he is not.
This needs its own post, because it is buried in my comment and extremely pertinent– in MA you are tried as an adult at 17.
Horn was an adult when he committed the crime, arraigned as an adult, and tried as an adult both times. For better or worse, that’s how it works in this state.
I happen to believe that while people make stupid mistakes at 17, they have enough cognitive reasoning ability to know right from wrong when it comes to something as absurd as making a bomb threat to get a day off from school. Perhaps I think too highly of people, though.
Horne’s bomb threat came from a person who had priors, and should at least have some understanding of the legal system, crimes and their ramifications. That makes it even worse, and is the reason he’s serving time right now.
@Dan Groob Am I missing something? Where are you getting that Horne had priors? You mention his attorney calling them “minor blotches”, is that in a news article? I can’t find anything online mentioning anything about neither his attorney nor any priors. Did you talk to his attorney personally?
From what I can find, the first trial (the one that resulted in the hung jury) just took place in April 2011, and the second in January 2012. So when was he actually arrested and charged?
If there was a biased decision, isn’t it unfair to wonder if the jury was biased? The kind of decision they would make is whether or not they believe the finger prints and handwriting to belong to the accused. The judge then determined a sentence. Was he or she biased? Almost certainly — we allow judges to see beyond the crime in front of them and consider prior offenses when sentencing. They also get to hear whether the crime was hurtful to anyone, or whether no one was affected.
If there was a biased decision, it goes back to 2007 and the people that agreed on the charges.
FYI, here’s a copy of the statute involved in this case.
I will post more about this late tonight or in the morning but am heading out now.
Thanks for the information, Greg. If I’m interpreting the statute correctly, it appears that the judge could have opted for a fine instead of imprisonment. I’ll be interested if others interpret that the same way.
Sorry Mike – The way I interpet it he is LUCKY he only got 1 year. I would have to believe that the letter he sent also threatened the principal if not the police would not have been guarding her house for 1 week. It was not just a simple bomb threat.
For those of you who truly believe this was a High School Prank – maybe you should ask the Superintendent to have both the Middle and High Schools Principal talk to all their students about this case and what can happen to them if they too decide to pull such a Prank. Use it as a teaching tool.
Joanne– Is that your interpretation or your opinion? I welcome your opinion, even though it differs from my own. But my question is about a factual point. When the statute says “or a fine…”, does that mean the judge could have opted for a fine instead of incarceration? That’s my interpretation, but I’m not sure it’s the correct interpretation. I think it’s important to know if the judge had options, or the prison time was mandatory under the statute.
Mike- it is my interpretation but I am not a lawyer – could not copy and paste – but if you look at 2c on the link provided – that is why I say he is lucky he only got 1 year.
It also says – or fine or both fine and imprisionment.
As I understand, his making the threat was not enough for him been sentenced in accordance with the mentioned statute. Also there had to be proved beyond the reasonable doubt that he had acted willfully. But he was 17 and could not vote, because his ability to act willfully (or reasonably) considered doubtful. Then why his ability to threat willfully had not been considered reasonably doubtful, as well? – There was the double standard.
There is no double standard. Some of the folks in the city amaze me.
In the state of MA, you are tried as an adult at 17. That’s how it is, how it has been, and how it will be. Horne committed the crime as an adult, he was arraigned as an adult, he was tried as an adult, and convicted as an adult– just like anyone else accused of the same crime. In fact, I’ll go so far as to say that the nature of Horne’s crime serves as a pretty good example of why you can be tried as an adult at 17 but not vote or drink until 18 or 21.
Considering that he had multiple priors, we can instantly throw out the possibility of Horne receiving a fine– the lightest end of the punishment. The DA was absolutely correct in seeking a jail term, and in reality, Horne could have EASILY gotten a far longer sentence.
I know some of the posters on this board personally– and I have respect for those people– but everyone defending Horne is flat out WRONG in their interpretation of the law and how it relates to this case. It is my hope that you can admit your errors in judgement, and start raising awareness of the real issues in this city. We can make a positive difference in this city. This does not include freeing a guilty, reckless multiple offender. Crying race discrimination over a case that is so clearly not, is not helpful in the slightest. Wake up.
Dan Groob is saying “considering that he had multiple priors, we can instantly throw out the possibility of Horne receiving a fine…”
That’s good news Mr Groob — says that without a doubt that if Evan Hoffman (the rich kid accused of causing a death and has a serial record of violent acts) WILL get jail time if convicted. You can say this with certainty, right?
Does anybody know the actual facts of this case? And what of this claim that Horne was a “multiple offender?”
@ Dan Groob
In your comment above you were seriously wrong, because you put the Law (created by a Government) superior to the Moral (created by the People) – this is the way to Fascism (the superiority of a State over the People).
There was the double standard from Moral viewpoint, which is superior to the Legal viewpoint.
When the Law becomes immoral, the Government loses its power and the Country sinks into the Chaos.
As I understand it, clouding the Hoffman case is that the slain man happens to be an illegal immigrant. I am not sure of the legal particulars of the case, but they almost certainly make for a more difficult case to prosecute than those of the Horne case. For better or worse, the increased complexity will likely aid the defense.
With that said, considering the charges I find it extremely unlikely that Hoffman would be able to avoid jail time if convicted. And even if Hoffman did manage to avoid jail time upon conviction, this would not mean that Horne does not deserve jail time. That would be very poor logic. Instead, it would mean that the justice system failed regarding the Hoffman case, and that would be far more alarming than the sentencing of Horne.
The Horne case must be evaluated on its own circumstance and merit. I have yet to see a reasonable legal argument, grounded in fact, as to why Horne should not be receiving jail time. All of Horne’s defense on this board has been loose ambiguity, calling for (undeserved) discretion by the judge and incorrect interpretation of MA statutes. Oh, and cries of racism.
Striar repeatedly mentioned that Horne is a “JUVENILE” who wasn’t tried in “JUVENILE COURT” — well, I’ve informed you all that this is not true. Again, you’re an adult at 17 in MA. It’s worth checking the facts next time, before you accuse the state of trying Horne as an adult for a juvenile crime because he’s black. And yes, that’s what I deduce from Striar’s posts.
Further, Horne’s attorney verified that his record was spotty, and refused to go into detail. The bomb threat was not an isolated incident.
Lastly, it’s absurd that you all continue to cry racism regarding this case. Might as well cry racism for every black man who’s ever been incarcerated with the logic of the posters on this board. Yes, blacks do get falsely convicted far more than whites– that’s a real problem. However, Horne was not falsely convicted nor did he receive an unusually long sentence. The Horne apologists on this message board are flat out wrong, and for them to continue rabble rousing in this manner is absolutely ridiculous and helps nobody.
“The Horne case must be evaluated on its own circumstance and merit. I have yet to see a reasonable legal argument, grounded in fact, as to why Horne should not be receiving jail time.”
Mr. Groob: I agree with the first sentence in quotes above. As for the second, most of us here are trying to do just that.
To that end: You have stated that Horne is a “reckless multiple offender.” Can you substantiate this?
From the Case Summary that Greg posted on the other thread:
It would seem that a fingerprint from evidence in the bomb threat was run through the AFIS (Automated Fingerprint Identification System) and there was a hit to Horne, so his prints were already in the system. Also, the Commonwealth also sought to introduce “two prior bad acts”, so there must have been some potentially relevant history connected with the case, as the motion was allowed.
“As I understand it, clouding the Hoffman case is that the slain man happens to be an illegal immigrant”
SAY WHAT?
Hoffman case is difficult to prosecute. Hoffman’s medical records apparently did not show intoxication, and he was never breathalyzed. The charge brought forth against Hoffman is misdemeanor motor vehicle homicide, which carries a maximum of 2.5 years. I suspect that they went with the misdemeanor charge as opposed to the felony charge because it is easier to prove, though still difficult in this case. The primary differentiating factor is that for the felony charge, one of the criteria that the prosecution must prove beyond a reasonable doubt is that the defendant was acting under the influence of an intoxicating substance. For the misdemeanor charge, proving negligent endangerment of the public is satisfactory.
As for the legal status of the man killed, I have not yet seen confirmation one way or the other. I had remembered seeing a post somewhere referring to the slain man as illegal, but it could be incorrect. The case is difficult as it is, and would become more difficult if indeed the man was illegal. Noted is that I did not present this item as a fact of the case.
Either way, the Hoffman case is far more difficult to prosecute than the Horne case. Believe it or not, the judicial system affords the presumption of innocence. Horne was very clearly guilty, fingerprints and all. We can debate the morality of the issue, but from a legal standpoint it is not impossible for the defense to create reasonable doubt in the Hoffman case.
Strike two Dan Groob. No wonder you can’t fathom that that blacks being charged and convicted more and with lengthier punishment might be part of this matter.
Tricia: Thanks for that. Wouldn’t some transcript of sorts be available that could provide a narrative for what happened?
“No wonder you can’t fathom that that blacks being charged and convicted more and with lengthier punishment might be part of this matter.”
Really, Hoss?
First of all, I never said that I can’t fathom that. Just the opposite, in fact. I have said repeatedly in this very thread that the higher false conviction rates and lengthier sentencing of blacks is a major problem in this country. However, Horne does not fall into this category. Not in the slightest. Talking this case up as such is doing an injustice to those who the system has actually failed. It doesn’t help.
Horne was proven guilty and sentenced well within the guidelines of the statute. You’re effectively calling me racist because I agree with the lawful conviction and sentencing of Horne. Incredible. I’m just going to say it– you’re a moron.
Who are you anyway, Hoss? Your tone reeks of “self-righteous NSHS sophomore.” Keep that stuff to the Lion’s Roar, kiddo.
Groob your hypocrisy is incredible. Even with a limited amount of knowledge of Horne’s case (I’m still waiting for you to tell me his priors) you are steadfast in the appropriateness of his punishment. To make yourself seem more humane, you consistently say things like “I have said repeatedly in this very thread that the higher false conviction rates and lengthier sentencing of blacks is a major problem in this country.” Normally I wouldn’t bring in things Dan Groob has said in the past but I think this particular exchange is very relevant to this conversation, and most of it is still up on Facebook so its public. When Troy Davis was executed (not just imprisoned, executed), and I questioned it (along with countless other people, including former head of the FBI William Sessions, who may just have a little more knowledge and experience regarding criminality and the criminal justice system than Dan Groob), you not only criticized me for questioning his execution, but practically guaranteed to me that he was guilty and his execution was warranted and just. When I pressed you on how you were so sure he was guilty, you gave me exactly the same evidence that Ann Coulter had on her website.
I’d also like to add that personally I don’t think the outcome of this is racial per se, but has much more to do with the fact that Horne most likely did not have the best lawyer possible, and while I don’t know his financial situation, I suspect that there are lawyers in this state who probably could have gotten Horne off without jailtime but are much more expensive. I realize that socioeconomic status and race and connected, but that’s a conversation for another day. I’m also not calling you a racist Groob, so please don’t think that I am.
@Jeff — I have no problem with you bringing up my “priors” in the public domain. Perfectly fair! In terms of “practically guaranteeing” Troy Davis’ guilt, while every conviction will have its detractors, Davis was proven guilty beyond all reasonable doubt in a court of law. That’s as close to a guarantee as we can reasonably get.
There was VERY substantial evidence and many testimonies which led to the guilty verdict, much of which may have been presented on Coulter’s site as well as elsewhere. I do not believe that Davis was wrongfully convicted based on testimonies recanted a decade after the fact, once the free-Troy movement grew in the spotlight. That’s foolish.
For the record, I do not identify with Anne Coulter any more than say, Anderson Cooper. So the insinuation that far right ideology is clouding my judgement is moot as well. I would actually suggest that far left ideology is clouding the judgement of many posters in this thread.
Lastly, while I myself initially suggested that better defense may have afforded Horne a lesser sentence, given the specifics of the case which have arisen from the fantastic work of those posting in this thread, I no longer believe that to be the case. In fact, Horne seems to have gotten a very lenient sentence based on the MA statute.
I’ve switched to the newer thread on this topic, but came back to read some of these newer comments…
@Dan Groob– You are correct that a 17 year old in Massachusetts is tried in adult court. However, you are incorrect that a 17 year old is an adult in Massachusetts. Fact: Massachusetts law considers a 17 year old to be child, but tries those children as adults.
Secondly, Dan, you’ve continuously referred to prior convictions without offering any support for that claim. So either back that up with some facts, or you should stop repeating that accusation.
Lastly, I’ll ask you the same question I asked Isaiah above, but he did not answer… How do you square Denzel’s incarceration with the 2006 incident at Newton South? That’s the case Katherine referenced closer to the top of this thread in which an actual fake bomb was used, but there were no criminal charges brought? Should we go back and put those kids in jail too?
Well its been a few days and many many posts and I’m back to my original question:
What social good can possibly come from locking up a 22 year old for a year for a stupid 17 year old prank. It may have been an impeccable legal process. It may be the lighter end of the sentencing spectrum … but it sure still doesn’t feel like justice or common sense to me.
@Jerry– From the beginning of this thread, your reaction to this sentence was the same as mine. And I think the answer to your question above, is that no good can possibly come from this unjust sentence.
Also, thank you for being so generous with your time. I really appreciate the very important information you gathered and posted.
Jerry Reilly — We don’t know if it was a prank – the kind of thing that happened at my HS on hot Friday afternoons. If instead it was an act of an angry individual again one person — wouldn’t that matter?
@Hoss – yes, I guess that’s true and yes, I guess we still don’t have a clear picture of that
@Hoss– I’m always impressed with your ability to look at any situation from every angle, and pull it all together with common sense. I always appreciate your contributions to this blog.
If I may, I’d like to jump in on the question you posed to Jerry. While none of us seems to know the exact content of Denzel’s note, it appears likely that in addition to threatening to blow up the school, he must have also threatened the principal. I don’t see that as a defining point of this case, because a threat to blow up the school would have also included blowing up anyone who was in the school INCLUDING the principal. So while I’m sure the threat was troubling for Ms. Price, does it really matter that the principal was singled out? She was already part of the core threat to blow up the school.
In any event, the most important point to me is that this was an empty threat from a 17 year old kid. There was no bomb. There was no violence. No one was physically injured. And there was in fact no REAL danger to anyone.
I don’t fault the principal or the authorities for taking the bomb scare seriously. They did absolutely the right thing. However, the facts of this crime do not merit the time Denzel will serve in prison.
I’m wondering if Jennifer Price thought this was a “prank”.