Wednesday, July 16, 2003

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No contest plea entered in fatal shooting


Equivalent of sentencing set for July

By Joe Knaapen
News-Chronicle

A Door County boy changed his plea Tuesday and was adjudged delinquent for fatally shooting his friend last December.

Sitting in Door County Circuit Court, the boy quietly acknowledged that he understood the impact of the change in his plea from not guilty to no contest. He then heard Judge D. Todd Ehlers declare him to be delinquent for the actions, which, if committed by an adult, would be crimes punishable by jail and fines.

"I find that you did engage in a dangerous act," Ehlers told the boy. Initially, the boy denied charges that he shot and killed Jacob Buhr, 13, at 12:30 a.m. Dec. 31. The shooting occurred in Buhr's room at his parents' home in Brussels.

While disagreeing with certain aspects of an investigation into the shooting, the boy essentially agreed at the most recent court hearing that there was "a factual basis" for the charges, said his lawyer, Jeff Jazgar of Green Bay.

The plea of "no contest" has the same effect as a guilty plea but is not an admission of guilt.

After accepting the plea change, Ehlers judged the boy a delinquent for behavior, which if committed by an adult, would be the basis for a felony of homicide by negligent operation of a dangerous weapon and a misdemeanor of intentionally pointing a firearm at a person.

Each charge carries a maximum penalty of up to two years in a secured correctional facility, the equivalent of jail for juveniles, Ehlers said.

The disposition hearing, equivalent to the sentencing of an adult criminal, was scheduled for July 10.

At the disposition hearing, both Jazgar and District Attorney Tim Funnell are expected to call witnesses to testify to the boy's character and to argue for the imposition of specific penalties.

Regardless of the disposition, Ehlers told the boy the adjudication of delinquency means it is now illegal for the him to own, possess or control firearms or body armor. Ehlers repeated the warning to make sure the boy's parents understood.

The boy continues to be held in temporary, nonsecure detention until the disposition hearing.

In a related matter, the boy must return to court Thursday to answer to additional charges. According to Funnell, the boy was involved in potentially delinquent activities by being involved in confrontations at Southern Door schools after he was accused in the shooting.

As a result of the incident, the boy was transferred to a school in Sturgeon Bay and charged in a separate delinquency petition.


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