17-Year-Old Found Guilty Of Second-Degree Murder
Posted: 1:56 pm EDT April 24, 2007Updated: 5:17 pm EDT April 24, 2007
ORLANDO, Fla. -- Despite stabbing the victim at least seven times during a fight at University High School, the jury did not find Kelvin De La Cruz guilty of first-degree murder, but instead convicted him of second-degree murder.The jury wrestled with the possibilities for more than eight hours. In the end, it did not believe that Kelvin De La Cruz had purposely set out to kill 15-year-old Michael Nieves, but rather that De La Cruz didn't care whether Nieves died as a result of the stabbing."Guilty lesser and included charge of second-degree murder," the court clerk read Tuesday.
After hearing the verdict, Michael Nieves' mother trembled and her lip quivered and eventually the tears fell silently. Kelvin De La Cruz, 17, did not move when he heard that the jury did not believe his story of self-defense.Nieves' family and friends said nothing as they left court. Witnesses' testimony, as well as De La Cruz's testimony as to when he got the knife and what he had planned to do with it, differed and prosecutor Ken Lewis believes the jury questioned whether the killing was premeditated, even though the law says premeditation can happen as quickly as using your television remote to turn on the TV."It wasn't planned for weeks or months, so the jury has to make a decision whether he had a conscious intent to actually kill other than injure him badly in a knife fight," Lewis said.De La Cruz still faces the possibility of a life sentence, but the defense is grateful De La Cruz was not convicted of first-degree murder, which would have automatically sent the 17-year-old to prison for life."We saved his life," said defense attorney Charlie Tiffany.The 17-year-old had no relative in court to comfort him or convey sympathy. He was all alone as he was taken out of the courtroom.De La Cruz will be sentenced in about a month and a half and prosecutors said they will ask Judge Marc Lubet to send the 17-year-old to prison for the rest of his life. He will probably spend at least 22 years behind bars.
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