Boy Shooter's Sentence Eyed

The second-degree murder conviction of a 14-year-old boy who fatally shot his teacher sets the stage for a closely watched sentencing as lawyers argue over how much leniency the judge can hand down.

Nathaniel Brazill, 14, killed Lake Worth Middle School English teacher Barry Grunow, 35, with a .25-caliber handgun on May 26, 2000 — the last day of the school year. Brazill, who was 13 at the time of the shooting, had insisted throughout the trial that he shot Grunow accidentally.

Under Florida's complex sentencing rules, second-degree murder usually carries a sentence of 25 years to life in prison with a possibility of parole after 25 years

The jury also found Brazill guilty of aggravated assault with a firearm for pointing the gun at another teacher.

He had been charged as an adult with first-degree murder, which would have carried an automatic sentence of life without parole, but jurors were given the option of considering lesser counts.

Brazill furrowed his eyebrows as the verdict was read and told his lawyers: "Not too bad." They said he cried after he was escorted from the courtroom by deputies.

The defense says Circuit Court Judge Richard Wennet can sentence Brazill to less than the 25-year minimum, arguing the guideline was not intended for teens like Brazill. Prosecutors say the judge must follow the punishment required by the conviction.

"We think the judge can do everything from zero to life. We're going to argue that it's an isolated incident," defense attorney Robert Udell said.

Udell said he would appeal the conviction and would plead extenuating circumstances, age, and lack of sophistication of the crime as reasons why Wennet should give Brazill a lighter sentence.

By finding Brazill guilty of second-degree murder, the jury determined that the shooting was not premeditated.

Juror Toni Sellier, 51, said the panel of nine women and three men, many of them parents, focused on the length of time that Brazill held the weapon and was less swayed by Brazill's age and testimony.

"The 11 seconds that he held the gun and the four seconds that he cocked it. That was the whole bone of contention right there," Sellier said.

The victim's brother said he was disappointed the jury didn't convict Brazill of first-degree murder.

"If you want to say that you're not going to convict him because of his age, that's one thing," Kurt Grunow told Miami television station WSVN. "But don't say it wasn't first-degree murder."

The case has sparked protests against trying children accused of serious crimes as adults from rights groups including Amnesty International. They claimed sending a child to prison for life without parole violates international law.

The trial was the second of a young boy in Florida in recent months to earn close scrutiny from rights groups. In March, Lionel Tate, 14, was sentenced to life in prison for the beating death of a 6-year-old family friend.

Gov. Jeb Bush on Wednesday expresse sympathy for the Grunow family but said Brazill should not be sentenced as an adult, even though he has been tried as one.

"There is a different standard for children," he said. "There should be a sensitivity (in the sentencing) to the fact that a 14-year-old is not a little adult."

Prosecutors called the boy a cold-blooded killer and asked for a guilty verdict for premeditated murder, which carries a mandatory life sentence. Defense attorneys said Brazill made a terrible mistake and asked jurors to find him guilty of manslaughter.

The jury deliberated for about 15 hours over three days before reaching a verdict. In addition to first-degree murder, they considered charges of second-degree and third-degree murder and manslaughter, each of which carries a lesser penalty.

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