sat there with a stiff face and wide, frightened eyes.
Finally, Davis referred to the printed copy of his decision the Court Clerk had placed before him. He felt almost physical pressures upon him from the people in the courtroom. His mouth was dry and his heart beat wildly for a moment.
“Before the Court pronounces sentence, it would like to thank both the District Attorney and the Defense Counsel for their restrained behavior during this trial.”
Davis looked at Tyree, but he saw only the top of the boy’s bowed head.
“The penalty in this case was not easy to determine. The law is not an exact science. It deals with people, and each person is different. Circumstances in each case are different, just as the people are. It is because of this that the laws have allowed discretion in determining punishment. This Court, in determining the penalty for any crime, including a capital crime, must pay due respect to the intention of the law and the Legislature which passed it and to a large body of precedents.”
“Stop it, Davis,” he told himself. “You’re sounding stuffy.”
“Ordinarily, the court would not take so much time nor offer this explanation. In this case, however, there is much that is not ordinary.”
Davis gaze swept the packed courtroom, lingering first on Mr. & Mrs. Barnes and then on the Tyree’s frightened mother and grandmother. Finally, his eyes noted Williamson’s grim face in the rear of the courtroom.
“Before giving my verdict, I wish to make a few preliminary remarks,” Davis announced. A surprised murmur rippled through the courtroom.
“I am unhappy that this case has been tried extensively in the public media before it could be tried properly in a courtroom,” said Davis. Directing his remarks to the media gallery, Davis continued, “As you know, I have always maintained an open court for the public and media alike. But the recent excesses of the media coverage of this case are destructive of law.”
He paused for a sip of water and to clear his throat. “It is harmful to those facing punishment and those seeking punishment. Anything which tends to destroy law destroys the society in which we live. When law can be influenced by outside opinion and actions outside the courtroom, anarchy has replaced government.
“It is now time to turn to this case,” He flipped a page and wondered how his words could sound so foreign to him.
“The defendant, Tyree Abdul Sharif, pled guilty to the charge of murder and waived trial by jury. The evidence presented to this Court could result in no verdict other than that of first degree murder. That same evidence has been laid before the Court to determine the penalty.
“It has been read and analyzed many times by the Court. There is no word of the record that has been bypassed or ignored. And the facts reveal that the defendant, Mr. Sharif (it sounded ridiculous to call this boy Mr.), did wantonly and cruelly take the life of Deputy Sheriff Michael Barnes.” There was a rustle in the room and Davis warningly lifted his gavel. The sound died out before he struck the bench.
“But,” he continued, “the Court had to go beyond the facts alone. The Court deals with a human life as well. It is now time to consider the human factor.
“As part of the record there is included a report from the Court-appointed psychiatrist named to examine the defendant. But even a psychiatrist’s report can be coldly factual at times like these.
“In considering the punishment, it also is necessary to consider the actions of the elected Legislature of this state. It only recently reinstated capital punishment as the ultimate means of dealing with those who have taken another’s life. The same Legislature has so defined the term ‘life imprisonment’ to mean confinement of no less than ten years. This flexibility in the law, as established by the state, means that it is possible under the best of circumstances for a person guilty of murder to be free after the minimum of ten years in prison.”
Davis looked up from his notes. “Thus, the dilemma facing the Court.”
He went on, “Considering these diverse and seemingly conflicting circumstances and the laws that govern us currently, the Court has sought to determine that punishment which best fits both the crime committed and the person committing the crime. It has had to consider both the law and the individual. It has had to keep in mind that the laws are intended for the protection of both society and the individual, and that includes the individual found guilty of the crime.
“Juries and Courts alike are charged to give all defendants the benefit of a reasonable doubt. There are two factors on which my decision is based. One is that the punishment of death by lethal injection is recommended by law. The other is whether or not the individual is beyond redemption, for society conceives of prisons as places of punishment and rehabilitation.
“I therefore have made a decision which I believe is the right one. It has not been easy. I wish to quote from Deuteronomy.
‘I have set before you life and death, blessing and cursing; therefore choose life, that both thou and thy seed may live’.”
He paused, his mouth dry. There was no movement, no sound.
“It is the decision of this Court that the defendant, Tyree Abdul Sharif, be sentenced to… (he paused and swallowed)…life imprisonment.”
The silence was shattered by the cries of Tyree’s family as they jumped to their feet. “Oh, my Lord Jesus! Praise Be! Thank you, God, oh thank you!”
Other cries from the courtroom. “No!” “That’s not right!” “He should die!”
The Barnes slumped in their seats, Amy with her face buried in Chet’s shoulder. Davis looked at Tyree. The youth sat there with eyes that suddenly had come alive. His head was no longer bowed. His black lashes glistened.
Chaos erupted. Reporters were texting “The Decision” to their respective newsrooms. Cameras were focusing on Sharif and his family, on the Barnes, and on Judge Davis.
Davis banged his gavel on the bench. “Unless there is immediate order, I will have this courtroom cleared.”
As the crowd noise dropped to a low murmur, Davis turned to the Court Clerk. “Call the prisoner to the bench.”
The boy and his attorney faced Davis along with the District Attorney.
Davis addressed the defendant. “Tyree Abdul Sharif, you have heretofore been named in an indictment found by the Grand Jury of the County charging you with murder, to which you have heretofore pleaded guilty, and you were, by this Court, found guilty of first-degree murder. It is ordered that you be sentenced to life imprisonment. This being the time for arraignment for judgment, do you have any legal cause to show why judgment should not be pronounced?”
Tyree stared at the Judge Davis dazedly. His attorney punched him in the ribs and whispered, “Answer the Judge.”
“Answer what?”
“Say ‘No’.”
Tyree turned to Davis. “No.” Tears were running down the boy’s face.
Davis spoke again, “Do you wish to say anything before I pronounce judgment?”
The boy nodded, then spoke. “I…I…I’m sorry. Really sorry. I didn’t mean to kill anyone.” He broke down.
“Mr. Sharif, it is the judgment of this Court on the indictment, upon which you have been found guilty of murder in the first degree, that you shall be sent to the State Prison there to serve a life sentence, as prescribed by the statues of this state.
“It is further ordered by the Court that the Sheriff of this County is hereby commanded and directed to convey and deliver you forthwith into the custody of the Warden of the State Prison.”
And it was over! Davis gathered up his papers, straightened his shoulders and turned to the courtroom. “This Court stands adjourned.” He banged his gavel. Amid the turmoil in the court and outside as the verdict was announced, Davis remembered the verse from Kings which he had read before he walked into the courtroom.
“For who is able to judge this thy so great a people?”
No mortal, really, he knew.
* * *
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