Thursday, May 23, 2013 | 6:32 a.m.
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Updated: 9:13 p.m. Thursday, July 12, 2012 | Posted: 9:12 p.m. Thursday, July 12, 2012
Staff Writer
Lance Tiernan cried as the jury foreman read the verdict Thursday that he was not guilty of murder but guilty of involuntary manslaughter in the beating death of another teen at an area group home for children.
The jury deliberated for two hours in Butler County Common Pleas Court before deciding Tiernan, who turned 18 in May, was not guilty of murdering 16-year-old Anthony Parker.
Rather than facing 15 years to life in adult prison, he now could be sentenced to a maximum of 36 months, and his attorney says his punishment may be served in the juvenile system.
Judge Patricia Oney ordered a pre-sentence report and will impose sentence on Aug. 20.
Tiernan was the fifth juvenile to be tried for murder in the county during the past five years.
On Tuesday, the jury viewed a video of the incident that took place at the One Way Farm group home on Dec. 19, 2011. Tiernan lunged at Parker and punched him in the head.
When the teen, who was eight inches shorter than Tiernan, tried to scramble away, Tiernan bear hugged him from the back and threw him on his head.
The slow-motion view of the tape showed Parker’s head bouncing off the hard floor, and Tiernan delivered a final blow to the back of Parker’s head while he was lying on the floor.
During closing arguments on Thursday the jury learned they could choose between murder or two lesser offenses, namely involuntary manslaughter or reckless homicide.
Parker’s adoptive grandmother, Anita Smith, who has been critical of the group home for not seeking medical aid sooner, said the verdict brings closure. After the assault, Parker appeared fine. One Way Farm employees didn’t call medics or police until they found the teen unresponsive three or four hours later.
Smith said she was hoping the jury would convict Tiernan on the murder charge.
“It’s not what we wanted, but that’s what the jury decided, so we’ll have to learn to live with it. ... I feel we got some justice. At least he showed some remorse, which is the first time I’ve seen it.”
Tiernan took the stand in his own defense Wednesday and cried when he described the incident. He said he never meant to kill Parker and didn’t realize his actions could have led to this result.
Tiernan’s sister, Danielle Tiernan, said the verdict was a great relief.
“We’re happy with this outcome for him,” she said. “I was finally able to breathe.”
Prosecutor Mike Gmoser and Assistant Prosecutor Brad Burress left the courtroom without comment and could not be reached for their reaction.
Defense attorneys Charles M. Rittgers and Nick Graman hugged their client when the not guilty of murder verdict was read. Afterward, Rittgers said the jury picked the right option.
“This is a tragic case, it was tragic for Anthony’s family and also for Lance’s,” he said. “I think it’s a just outcome, and we’re happy with the verdict.”
At sentencing, there will most likely be a “reverse bind-over” to juvenile court, according to Rittgers. “The reason he was bound over to adult court was it was a mandatory bind-over for the murder charge,” he said. “Given he was convicted of something less, he has the opportunity to be heard in juvenile court to see if he is amenable for treatment there.”
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