2 sentenced in 2008 shooting near middle school

By Cara McCoy

Monday, March 8, 2010 | 1:37 p.m.

At 18 years old, Tevin O’Neale Carr is now an adult. Today he told a judge he’s grown up a lot since a shooting two years ago near Gibson Middle School that left 16-year-old Victor Bravo with two bullet wounds.

“I would like to apologize to the victim, Victor Bravo, his family, the court and my family,” Carr, reading from a statement, told Judge Ken Cory before he was sentenced on a count of battery with substantial bodily harm.

"I've had two years to think about what I did and I hope Victor forgives me," he said.

Cory, acknowledging the success Carr has had while out of jail on house arrest, sentenced him to a term of probation not to exceed four years and to pay the victim, who survived but required multiple surgeries, restitution of $85,673.31.

Carr entered an Alford plea in November, a plea in which a defendant admits there is likely enough evidence for a conviction but doesn’t admit guilt.

Under the plea agreement, Cory could have sentenced him to up to five years in prison or to probation. The department of parole and probation had recommended prison time, but Cory opted for probation.

Prosecutors alleged that Carr provided the gun and instigated the fight on Feb. 25, 2008, which witnesses said was between a group of Hispanic teens and a group of black teens. The altercation started as a fistfight, then knives and guns appeared and Bravo was shot. Conflicting statements about what happened peppered the case.

Carr’s co-defendant, Calvin Shelton, 20, was also sentenced today. He had pleaded guilty to conspiracy to commit a crime and battery with a deadly weapon resulting in substantial bodily harm.

Cory honored the sentence stipulated in the plea agreement, giving Shelton four to 10 years behind bars. He is jointly responsible for the restitution owed to Bravo.

“I’d like to apologize to the victim and I take full responsibility for my actions,” Shelton told the judge before his sentence was handed down. He was awarded credit toward his sentence for the 731 days he’s been in custody.

“It’s unfortunate the action you took resulted in so much damage,” Cory said. “It’s unfortunate you chose to use a gun.”

Cory addressed both defendants in speaking about how times have changed: what used to be simply a fistfight now is the kind of altercation that can end with gunfire.

“It’s not like it was a long time ago, when I was young,” Cory said.

Attorney Dan Winder, who represented Carr, asked Cory to give his client probation and “an opportunity to show he’s learned from his mistakes.”

“Tevin, who at age 16 went out to have a fistfight, stands before you with the extreme changes he’s made in his life.” He said he had supplied the judge with a myriad of support letters from family members as well as his teachers at Jeffrey Behavior Senior High School, where Carr is enrolled and on track to graduate.

As Winder spoke, Carr sniffled and wiped his eyes with his hands. His mother, father and grandmother watched him from the front row of the gallery.

Winder disputed allegations the state had made that Carr was involved with a gang at the time of the shooting.

As part of Carr’s probation, he was ordered to have no association with any gang member or have in his possession gang paraphernalia.

“You must be involved in bettering yourself,” Cory told him.

After the hearing, Winder said he was pleased with the judge’s decision.

“I think it was appropriate for him. He was not the one who had a gun and never told anyone to bring a gun,” Winder said.