John D. Connor, a teen killer whom a judge took under her wing to try to rehabilitate, ran out of second chances Tuesday.
Third District Judge Leslie Lewis ordered him to the Utah State Prison to serve his original one-to-15-year sentence.An emotional Connor thanked the judge for taking an interest in him and said she had changed his life for the better. "You've given me a chance, telling me I have potential and opportunity. . . . That stuck with me," he said.
"It's become clear to me you are an individual who has great potential and I am still convinced of that," Lewis told him.
"Instead of returning you to the community as a vicious animal who would kill again . . . I hope I'm returning you as an individual who has a chance to lead a responsible life and one who is less likely to act out violently."
Connor was 15 when he shot 17-year-old Roy Dunsmore while target shooting with another teen in 1991. Connor was angry at Dunsmore from a previous fight when he decided to turn the gun on him.
After shooting him once, Connor went back to a car and reloaded the pistol. He returned and fired seven more shots into Dunsmore's head.
Connor pleaded guilty to murder but Lewis agreed to sentence him as if the charge were manslaughter. His one-to-15-year prison sentence was stayed, however, and he was ordered to serve 36 months probation, including a year in jail and a lengthy list of other requirements.
After seven months in jail he was released to Odyssey House to complete a substance-abuse and vocational training program. After several months there, he walked away and was sent to prison for five months. He was then sent back to Odyssey House but escaped in April.
When Connor escaped last month, Lewis was criticized for not locking Connor up in prison from the beginning.
A sparse crowd of protesters Monday placed roses at the base of the courthouse to honor the "unrealized" rights of Dunsmore. The event was organized, said participants, to protest light and meaningless punishments for violent juvenile offenders.
"We've asked people to line roses along the courthouse as a sign of peace - but we're angry that victims' rights are ignored in order to protect the rights of young criminals," said vigil organizer Lonnie Pursifull. "Some sentences given out by bleeding-heart judges are giving kids a license to kill. Criminals like Connor need to be punished so they won't become repeat offenders."
Tuesday, Connor told the judge, "Everyone's saying to you this (sentence) shouldn't have been done. I feel without that, I wouldn't have the total understanding of a lot of things I didn't understand before when I was 15.
"A lot of people have shown me caring and love and that was something I wasn't used to."
Lewis reminded Connor that she had always told him he'd go to prison if he didn't complete the tough Odyssey program. Many people prefer prison to the program because Odyssey is so difficult, she said.
Lewis told the Deseret News that statistics indicate the system creates habitual criminals when it incarcerates teens between 16 and 19 years old. If you take a 15-year-old boy and put him in prison side by side with hardened adult offenders, that person has learned nothing but how to be a criminal, she said.
"And the community is looking at 30 to 50 years of criminal conduct," Lewis said, adding that it's unrealistic to believe people sent to prison won't someday be released.
Lewis said she decided not to just ship Connor to prison after weighing everything she has learned about crime and punishment. "I think my reputation as a person with respect for victims and understanding of the importance of incarceration has taught me that there has to be something else in addition to incarceration, especially when the perpetrator is so young."
Despite the criticism, Lewis said she believes Connor is a success story. She has noted major changes in him over the three years as she has constantly visited with him and encouraged him.
"I believe as a judge I am tough and fair and hopefully will remain the same," she said. "Tough is not merely locking people up. That is just part of a responsible solution."
Brooke Wells, a defense attorney, said she worries that the recent criticism about the Connor case may make other judges shy away from any sentence other than prison.
"Some judges just look at the crime and not the person," she said. "(Lewis) has kind of pioneered creative sentencing and doesn't pass the buck," she said.
Lewis said she will recommend that Connor receive credit for time served - 23 months behind bars and 13 months at Odyssey House. "I believe it is a possibility for you to further all of the growth you've engaged in over the last three years," she said before he was taken to prison.