Teenage boy who killed his pal gets 8 months

Heather Rawlyk

Wednesday, June 2, 2004 | 11 a.m.

A Henderson teenager who last month pleaded guilty to involuntary manslaughter charges in the fatal shooting of his best friend in April was sentenced in Juvenile Court Tuesday.

The sentence calls for the 15-year-old boy to spend six to eight months at the Spring Mountain Youth Camp, to serve one month of house arrest and to be on probation until his 18th birthday.

Juvenile Judge William Voy said that while he wanted to make sure the teen was held accountable for the death of his friend, Dustin Osborn, 14, he also aimed to keep the boy "productive to society."

"You now have two lives to live for," Voy said, directing his attention to the sobbing boy. "Your life, and the life of your best friend."

The teen will also be required to attend counseling and substance abuse sessions, adhere to random drug testing and complete 200 hours of community service. Voy stressed his desire for the teen to eventually do community service, talking to youth firsthand about the dangers of playing with guns.

The teen shot his friend in the back of the neck April 21 while the two were "playing FBI" with a gun found in the boy's home. The teen told police he and Osborn had smoked marijuana prior to the shooting.

During the hearing, Osborn's mother, Andrea Glasser, denied allegations that her son had smoked marijuana and expressed her wishes for the teen to serve a jail sentence.

Glasser explained to Voy that her son's toxicology report was negative for marijuana. The mother also pointed out that the teen had grown up around guns and knows how they work and the dangers they pose.

"His father is in the military and has taught (the boy) about guns his whole life," Glasser said. "He does know better than to point a loaded gun at my son. He did know better about that.

"Everybody has to pay consequences for their actions and I think (the boy) should do jail time," she said.

Deputy Public Defender Susan Roske said the teen is already dealing with the consequence of taking his friend's life.

"(The boy) feels remorse," Roske said. "He is going to have to live with this every day of his life. He has spent two weeks in county jail and has been incarcerated since he's been in juvenile court.

"What we need to do now is allow him to start healing from this tragic accident," she said.

In regard to Osborn's toxicology report, Roske explained that it is common for lower levels of marijuana in the system to not show up.

The 15-year-old's statements have been consistent, and he insists both he and Osborn had smoked marijuana together, Roske said.

Voy said he had a problem with the 15-year-old's use of marijuana and "inappropriate behavior" on the day of the fatal shooting. The judge also said he had a problem calling the shooting "an accident."

"Here you've got a young man failing school, smoking pot and takes a weapon he says he thought was clear," Voy said. "They're playing a game that I would expect an 8-year-old to play. I won't say that's an accident.

"It was deliberate conduct that led to the death of someone else, and it was totally inappropriate," he said.

Voy continued to explain that while there is nothing he can do to bring Osborn back, he could see to it that his friend was rehabilitated to live a productive life.

The 15-year-old was sentenced to the Spring Valley Youth Camp, where he will attend school, work, substance abuse and counseling sessions until the probation department feels he can be released, according to Public Defender Phil Kohn.

The normal duration for a teens stay at the youth camp ranges from six to 12 months, he said.

After he is released from the youth camp, the teen will be placed on house arrest for one month, where he will wear an electronic monitor and can attend school and counseling, Kohn said.

The boy will stay on probation until his 18th birthday and will continue random drug testing and counseling until then, he added.

Neither his parents nor Glasser would comment on the sentencing.

Kohn said he was pleased with the sentencing, even though he "would have rather seen (the boy) sent home with his parents."

"The judge looked at all the issues," Kohn said. "A debt has to be paid and he wanted to make sure Dustin's mom knows her son's life mattered."

Kohn said he had mixed feelings about whether or not he thought the 15-year-old would live a normal life after probation.

"Will he rehabilitate -- certainly," Kohn said. "But will he live a normal life after this? I don't know.

"In my time doing this, I've seen people where things like this break them and I've seen others where they turned around and did good things," he said. "I am very worried (the boy's) grief will interfere. Dustin was his best friend."