WA: Tuba Mans killers sentenced to Juvenile Detention

WA: Tuba Mans killers sentenced to Juvenile Detention

This is a discussion on WA: Tuba Mans killers sentenced to Juvenile Detention within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; I'm doing everything I can right now not to put my head through the monitor or wall in front of me. 'Tuba Man's' teen killers ...

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Thread: WA: Tuba Mans killers sentenced to Juvenile Detention

  1. #1
    VIP Member Array matiki's Avatar
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    Thumbs down WA: Tuba Mans killers sentenced to Juvenile Detention

    I'm doing everything I can right now not to put my head through the monitor or wall in front of me.



    'Tuba Man's' teen killers sentenced in juvenile court

    'Tuba Man's' teen killers sentenced in juvenile court

    By LEVI PULKKINEN
    SEATTLEPI.COM STAFF

    Three teens who admitted to killing Edward McMichael -- Seattle's "Tuba Man" -- will spend no more than a year in detention for the slaying and a related robbery.

    McMichael died Nov. 3, days after being attacked without cause at a Lower Queen Anne bus stop. Police arrested the three youths weeks later, but after investigators and prosecutors were unable to find any witnesses willing to testify at trial, the teens garnered a plea deal.

    A trained tuba player, McMichael had been a mainstay of the Seattle sports scene for more than a decade. His bass tones greeted sports fans at most professional and major collegiate events in Seattle. Born in Western Washington, McMichael played in several symphonies before bringing his tuba to the Kingdome in the 1980s.

    In the days following his brother's death, Kelsey McMichael said he was overwhelmed by the outpouring of grief in the city.

    "When I learned of his death, I was extremely angry and wanted to see who ever was responsible to spend years in prison," he said.

    That anger, he said, mellowed as he began to hear from Seattle sports fans that cherished his brother.

    In court, he asked only that three boys receive the agreed-upon sentencing recommendation, 15 to 36 weeks for the 15-year-old and twice that for the two 16-year-olds. The two 16-year-olds sentenced Wednesday had also pleaded guilty to a robbery that occurred earlier that night.

    McMichael, 53, died at his Seattle home after being released from Harborview Medical Center. He was attacked by the teens in the 300 block of Fifth Avenue North and left bleeding in the street.

    The teens, all 15 during the Oct. 25 attack, pleaded guilty to first-degree manslaughter earlier this month. SeattlePI.com usually does not name juvenile defendants unless they are charged in the adult courts.

    Given credit for time served, the 15-year-old will at most spend the next three months in juvenile detention. The 16-year-olds each would reach their maximum term of detention in just less than a year, though authorities could order that any of the youths be released at any time.

    Announcing the plea earlier this month, Prosecutor Dan Satterberg acknowledged that the sentences were, in his view, "unsatisfactory."

    The sentences handed down Wednesday by King County Juvenile Court Judge LeRoy McCullough matched those mandated under the state sentencing guideline adopted by the Legislature. While judges can deviate from the sentencing rules in certain circumstances, neither prosecutors nor McCullough argued that such factors existed in the case.

    A request from prosecutors that the case be moved to superior court was denied.

    Satterberg said previously that his office had little choice; as the dozen or so people who witnessed the attack refused to come forward, the case would likely have remained unsolved. That silence, Satterberg said, was "one of the most chilling parts of this entire story."

    Addressing McCullough, Senior Deputy Prosecutor Jeff Dernbach said the boys conducted a "callous series of senseless attacks" culminating in the beating of McMichael.

    That night, the boys had joined other youths at Seattle Center for a gathering related to a homecoming dance. There, prosecutors assert, they were part of a roving group of teens that set about making mayhem before the attack on McMichael.

    "They were robbing people on the street because they believed they could get away with it," Satterberg said April 3. "The truth is, they nearly did."

    None of the boys had significant criminal records or known ties to gangs. One, the 15-year-old, was described by his attorney as an honor student at Garfield High School; another, a standout football player until he dropped off the team in 2008, was joined in court by his Franklin High School coach.

    After apologizing to McMichael's family, the mother of one of the boys said she and her husband strove to raise their son in an environment where young men find their way into trouble with the law and each other.

    "This is not an act that we could have thought our child could be involved in," she said. "My heart hurts.

    "My heart is heavy and it pours out to everyone involved."
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington


  2. #2
    VIP Member Array matiki's Avatar
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    For those that don't know who the Tuba Man was, here's the original article from when he was beaten:

    Local News | Seattle's Tuba Man dies from beating injuries | Seattle Times Newspaper

    Seattle's Tuba Man dies from beating injuries

    By Lornet Turnbull

    Seattle Times staff reporter

    To sports fans across Seattle, Ed McMichael was an icon — a gentle giant whose tuba sounds outside area ball parks rang consistent, regardless of the action inside.

    What fans may not have known about the Tuba Man was that for 10 years he was principal tubist with the Bellevue Philharmonic and played with the Cascade Symphony, before growing bored with orchestras and hitting the streets.

    He once said his dream was to play "O Canada" and "The Star-Spangled Banner" on the mound at Safeco Field.

    McMichael, 53, died Monday, nine days after police say he was kicked and beaten by a group of juveniles near a bus stop in the 500 block of Mercer Street. Police have arrested two 15-year-olds in connection with the assault.

    On Tuesday, officials issued a public appeal for help from anyone who may have encountered the teenagers on the night of Oct. 25.

    The Tuba Man's death has led to an outpouring of sadness and anger from those whose encounters with him left a lasting impression. His brother, Kelsey "Bud" McMichael, is surprised by the impact Ed had on this city.

    "My brother never really sought that notoriety," said Kelsey McMichael, who flew up from Florida to help his brother after the assault.

    "He didn't really want to be popular. Yet everything he did drew that out. It's amazing thinking back at all the names people called him: 'Crazy. Weird. Gentle giant.' Everyone had an opinion about him."

    For 20 years, Ed McMichael was a fixture at Mariners, Sonics and Seahawks games and around Seattle Center — trading his talent for spare change.

    "Any of us attending a Seahawks game always got a chance to say hello and give him some pocket change for his playing tunes," said Ross Cook of Gig Harbor.

    Cook recalled that in 2003, his then-25-year-old son stopped to talk with the Tuba Man before a Seahawks game and asked if he'd ever actually attended a game. When he learned he had not, he bought him a ticket to sit with him and a friend.

    "My son says Tuba Man had the time of his life at the game, and once people in the general-seating area around them recognized him, they began sending peanuts, hot dogs and beverages over 'gratis' to welcome him."

    Commenting Tuesday on news of McMichael's death, one reader wrote that "one of the highlights of any trip to Safeco or KeyArena was hearing the music from the Tuba Man. I remember going to a TBirds game at the Key many, many, years ago.

    "A friend of mine yelled out: 'I'll give you twenty bucks if you play the Addams Family.' Within a second the familiar bars of the song came out. As we dragged our friend across the center plaza to pay up, his smile could not have been wider."

    April May, who works at the Vermont Inn in Belltown where Ed McMichael had lived since 2002, said she didn't know him all that well but remembers his kindness.

    "I'd see him every morning and he'd talk a little. He'd always say 'good morning.' It's very sad."

    Michael Olvera lives near the intersection where the assault took place and said he witnessed the beginning of it from his window. He didn't know Ed McMichael who, on that night, wasn't dressed in one of the wild, colorful hats the Tuba Man was known to wear.

    Olvera said he saw a man he later learned was McMichael crossing the street to where about 30 teenagers had gathered. He said the teens had apparently attended an event at Seattle Center and were sitting on the hood of a moving car and playing chicken with passing traffic.

    Olvera said that when he saw one of the teens kicking McMichael, he grabbed his cellphone and called police as he ran outside to the scene.

    Olvera said McMichael appeared to have been kicked in the face but otherwise seemed OK, more concerned about a ring that was missing from his finger than about his injuries.

    McMichael grew up in Seattle, graduated from King's Schools — originally King's Garden, a private Christian school in Shoreline — and attended North Seattle Community College.

    Kelsey McMichael said his brother lost interest in playing with orchestras but "wanted to make money."

    "I was living overseas at the time and he would send clippings every time he appeared in the newspaper," Kelsey McMichael said, recalling that his brother's first gig on the street was in the University District in 1988.

    Kelsey McMichael said their parents largely supported Ed, and that after they died, he sent him money once a month until he realized Ed was making out nicely playing at local venues.

    During a visit in April, Kelsey McMichael said he had a long talk with his brother "about the changing economy. I told him people wouldn't be throwing money at him at these events like they had been."

    He said he told his brother it was unsafe to be walking around with money, that people are "angry, upset and unsure, and that he had to be careful with his money. He agreed. But I'm not sure how much he ever listened to me."

    Kelsey McMichael had come to Seattle a few days after the assault to help his brother recover. "He was traumatized by what happened to him. When I opened the door he said, 'I can't leave my room.'

    But each day he said he saw a little progress, and that after a few days, his brother was ready to drive again.

    "He drove. He did OK." On Monday the brothers had an appointment to meet at 9 a.m. in the lobby of Ed's apartment building.

    When Ed didn't show, the manager let Kelsey up to Ed's room, where they found him dead.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  3. #3
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    The "Injustice System" blew this one, this time...it boils my blood, but be assured, these little dirtbags have theirs coming...
    It's spinning around in the Cosmos and will find its mark...you'll see. What goes around, comes around.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    Member Array bbernard's Avatar
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    This just goes to show how unjust our justice system is and our children know that the law is on their side. One year in juvy.... what a joke.

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    Senior Member Array Barbary's Avatar
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    They should have what they did tattooed on their foreheads for everyone to see. I think a bloody tuba with a knife stuck in it would be sufficient. Sorry if this is offensive, but they should be reminded of what they did every day for the rest of their lives.

  6. #6
    VIP Member Array obxned's Avatar
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    A few weeks in juvie for murder? And we all thought life had little value in backward countries.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  7. #7
    Member Array charmincarmens's Avatar
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    MAYBE

    Quote Originally Posted by retsupt99 View Post
    The "Injustice System" blew this one, this time...it boils my blood, but be assured, these little dirtbags have theirs coming...
    It's spinning around in the Cosmos and will find its mark...you'll see. What goes around, comes around.
    ..........................Maybe maybe not. By letting them go, the next time, we hope they meet up with someone that has a CHL and buries all of them for a few pennies apiece. Rot like that does not breath for long.

  8. #8
    Ex Member Array PNUT's Avatar
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    Quote Originally Posted by charmincarmens View Post
    ..........................Maybe maybe not. By letting them go, the next time, we hope they meet up with someone that has a CHL and buries all of them for a few pennies apiece. Rot like that does not breath for long.

    Agreed, bad people lead the kind of lives where eventually they'll run into someone badder than they.....their turns will come.
    What a shame, all of those witnesses and no one willing to testify, probably all "friends' of the dirtbags. I'd be ashamed to have raised any of those animals, perpetrators and witnesses.

  9. #9
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by PNUT View Post
    Agreed, bad people lead the kind of lives where eventually they'll run into someone badder than they.....their turns will come.
    What a shame, all of those witnesses and no one willing to testify, probably all "friends' of the dirtbags. I'd be ashamed to have raised any of those animals, perpetrators and witnesses.
    Seattle has a severe gang problem, carefully cloaked by the SPD and King McNutz (That's the Mayor). Most of the shootings in Seattle produce no witnesses either. Nobody wants to be a Snitch, because then the wanna-be bangers will shoot you next.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  10. #10
    Ex Member Array PNUT's Avatar
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    Matiki,
    New Orleans is like that too. I remember sitting in hte break room when I worked at a place in the French Quarter, talking with several co-workers from the "projects" . We got to talking about the murder rate in the city, these guys were talking about people that they knew who got killed, and who killed them,and the list was just incredible. There had to be a good 30 or more names,so and so killed Pookie because he killed Red,because Red killed James,on and on. They said that everybody knows who does the crimes but no one will tell the police anything, they don't trust them to keep them safe if they talk. As if they are safe anyway. So their community stays messed up because no one will get involved, but as soon as one of the BG's gets shot or beat up by the police everyone turns into a community activist...it's very frustrating dealing with that city. More and more it reminds me of "Escape from New York". Gangs are a plague, IMO it's really a National Security issue and should be dealt with much more harshly. To defeat that menace the Police need to be able to take the gloves off, or use RICO to lock up every single member of every single gang. I'd love to see them and their mentality wiped out.

  11. #11
    VIP Member Array ccw9mm's Avatar
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    The teens, all 15 during the Oct. 25 attack, pleaded guilty to first-degree manslaughter ...
    I'd think first-degree murder would have been the charge.

    Given credit for time served, the 15-year-old will at most spend the next three months in juvenile detention. The 16-year-olds each would reach their maximum term of detention in just less than a year, though authorities could order that any of the youths be released at any time.
    Murder a citizen ... get a bye.

    What lesson do we think little Johnny learned today, boys and girls?
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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  12. #12
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    Satterberg said previously that his office had little choice; as the dozen or so people who witnessed the attack refused to come forward, the case would likely have remained unsolved. That silence, Satterberg said, was "one of the most chilling parts of this entire story."
    Something in Seattle really smells.........

  13. #13
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by Rock and Glock View Post
    Something in Seattle really smells.........
    And it's not just down at the Piers either.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  14. #14
    VIP Member Array Tom G's Avatar
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    Our system of justice has done it again . Murder is murder. It's time to change a few laws or a few judges. The verdict is a joke. This is one reason we have repeat offenders .

  15. #15
    VIP Member Array Tom G's Avatar
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    Quote Originally Posted by PNUT View Post
    Matiki,
    New Orleans is like that too. I remember sitting in hte break room when I worked at a place in the French Quarter, talking with several co-workers from the "projects" . We got to talking about the murder rate in the city, these guys were talking about people that they knew who got killed, and who killed them,and the list was just incredible. There had to be a good 30 or more names,so and so killed Pookie because he killed Red,because Red killed James,on and on. They said that everybody knows who does the crimes but no one will tell the police anything, they don't trust them to keep them safe if they talk. As if they are safe anyway. So their community stays messed up because no one will get involved, but as soon as one of the BG's gets shot or beat up by the police everyone turns into a community activist...it's very frustrating dealing with that city. More and more it reminds me of "Escape from New York". Gangs are a plague, IMO it's really a National Security issue and should be dealt with much more harshly. To defeat that menace the Police need to be able to take the gloves off, or use RICO to lock up every single member of every single gang. I'd love to see them and their mentality wiped out.
    This nails the problem down. There needs to be new leadership in New Orleans that are not afraid to take action. This includes from the Mayor down. PNUT you really covered the problem. The leadership is too busy taking guns away from it's law abiding citizens.

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