Vanderhorst convicted of manslaughter

ALBANY — A jury found Jah-Lah Vanderhorst guilty of first-degree manslaughter but not murder Thursday for killing 17-year-old Tyler Rhodes in Hoffman Park last year in a stabbing captured on video.

The verdict showed jurors believed Vanderhorst, 17, of Albany intended to cause serious physical injury — but not death — when he plunged a large knife into Rhodes' chest on April 30, 2011.

It was a victory of sorts for the defense, if not Vanderhorst, since the defendant faced 25 years to life in prison if convicted of second-degree murder. Vanderhorst's manslaughter conviction means he will spend no more than 25 years in prison when he is sentenced Aug. 2. His friend and former codefendant, 20-year-old Dhoruba Shuaib, whose role in the killing was far more passive, was convicted in February of first-degree manslaughter. He was sentenced to 21 years in prison.

The jury of seven women and five men deliberated Vanderhorst's fate for nearly 17 hours over four days before rendering its decision to acting Supreme Court Justice Dan Lamont at 2:25 p.m.

The verdict ended the legal chapter for the family of Rhodes, but did not bring closure.

"No, because I still don't have my son," an emotional Stacey Rhodes told reporters, joined by her family members, police and prosecutors in the office of District Attorney David Soares. "One day, yes. But every day is a struggle ... I wake up, I see his pictures, stuff like that, (saying) 'I love you.' 'I love you, too.' I still talk to him. I'm sure one day (there will be closure), I don't know when."

She explained her son would have graduated from Albany High School this weekend. He planned to attend Hudson Valley Community College for two years, then the University at Albany to become a psychologist.

"He liked to figure people's problems out," the grieving mother said, at times shedding tears.

Stacey Rhodes said her son loved helping kids. Now she plans to act as her son's voice to preach against the kind of senseless violence that took his life. She will work with Soares' office and schools.

"I would just like to get the message out there that violence is not the answer," she said.

Asked about Vanderhorst's demeanor, she said. "I can't judge — I'm not one to judge people."

Assistant Conflict Defender Matthew Alpern, who represented Vanderhorst, declined comment as he exited Lamont's courtroom. Vanderhorst's family, which included his parents, sternly told reporters they had nothing to say.

After leaving court, several jurors grabbed drinks together at McGeary's bar on Clinton Square. When approached by the Times Union, they said their verdict spoke for itself, declining further comment.

On April 30, 2011, a teenage witness using a cellphone camera videotaped a knife-toting Vanderhorst aggressively pursuing Rhodes in Hoffman Park. The footage showed Vanderhorst, at one point, throwing a bicycle at Rhodes. It showed Vanderhorst ignoring several observers, including a woman who told him not to throw his life away. His cousin emotionally begged him to stop his pursuit of Rhodes, shouting, "Jah-Lah — stop!" Vanderhorst shoved her aside.

Vanderhorst testified he was scared for his life during the incident with Rhodes, who was carrying a smaller knife. He said Rhodes was running at him, an allegation not supported by the videotape.

Rhodes, a track standout at Albany High School, had gone to the park that day with friends to confront Vanderhorst, who prosecutors said tried to stab Rhodes at a party one night earlier. When asked, Vanderhorst admitted that incident "could have" happened.

Vanderhorst, armed with a knife, also chased Rhodes down a jogging path two days before the killing, said prosecutors, who highlighted an earlier incident in which Vanderhorst threw a brick at Rhodes and it struck another person.

The videotape captured Vanderhorst stabbing Rhodes and fleeing. Rhodes ran after him but died from a mortal wound to his heart.

Vanderhorst's demeanor was wooden during his testimony, as he claimed the incident threatened his life. He repeatedly described Rhodes as an instigator who taunted him on several occasions, but appeared to contradict himself, saying Rhodes later approached him and a friend demanding to know, "Which one of you is Jah-Lah?"

Chief Assistant District Attorney David Rossi, who prosecuted the case, said Vanderhorst appeared "emotionless" but declined to characterize his testimony, noting the defendant's age.

"He had his chance to tell the jury his version of the events and the jury's made their decision and they've judged his version," said Rossi, who prosecuted the case with Assistant District Attorney Steven Sharp.

Both Soares and Rossi suggested the age of the defendant likely made the job of the jury that much more difficult.

"I'm not going to second-guess the jury," Rossi told reporters. "You can watch the video in a clip on the news and it looks very straightforward but they sat through and they listened to quite a bit of testimony ... they're looking at a 17-year-old boy and having to make a decision on his future and that couldn't have been easy for them."

Soares said: "In terms of the jury, they certainly took their time, they deliberated. There was a lot to consider here and I don't imagine it was easy for them to be sitting across the table from such a young-looking defendant and having to arrive at the decision they arrived at. I respected the time that they took."

Soares and Rossi said the video was critical evidence. Soares said he did not believe the conviction would have been possible without it.

"Obviously it was important," Rossi said. "Rather than the jury having to rely on memories and perspectives of the witnesses who were there, they could see for themselves what happened."

rgavin@timesunion.com • 518-434-2403 • @RobertGavinTU

Read More @ Source

US Troops Charged After Fellow GI, Hazing Victim Danny Chen Found Dead in Afghanistan

DemocracyNow.org - The family of 19-year-old Danny Chen demanded an investigation after the Army Private was found dead in Afghanistan of what military authorities say was a self-inflicted gunshot wound to the head. Chen's family says before his death he described how he was subjected to racist hazing, with soldiers throwing rocks at him and calling him ethnic slurs. Now the Army has charged eight soldiers involved in his death with crimes ranging from dereliction of duty to manslaughter. "I remember back in elementary school, he would get these rewards for being class clown and I would be jealous of him," says Danny's first cousin, Banny Chen. "We still don't know if [his death] was suicide or if someone else pulled the trigger." Earlier this year, another Chinese-American soldier, Harry Lew, a Marine from California, apparently killed himself in Afghanistan after he was also subjected to brutal hazing by his fellow Marines. "The community wants to have input in terms of [the military's] training, in terms of recruitment," says New York City Council Member Margaret Chin, who helped Chin's family to obtain a meeting with the Pentagon. "They already started screening out people with criminal records or gang affiliation. They should also look at how to screen out people who have these hatred and racial discrimination tendencies." Towatch the complete daily, independent news hour, read the transcript, download the podcast, and for more Democracy Now! reports on the Libyan ...

Video Rating: 4 / 5



Criminal Stories Here

Comments

Popular posts from this blog

Homicide victim found at vacant Everett house

Manslaughter charges possible in boy's death