feedthehogs
November 14, 2003, 06:33 AM
This has caused quite a stir in our area with those who support the shooter and those that want to see him hang.
Neighbor charged in teen's death
By Dani Davies and Scott McCabe, Palm Beach Post Staff Writers
Friday, November 14, 2003
Jay Levin, the suburban Boca Raton businessman who shot a teenage prankster knocking on his door, was charged with manslaughter with a firearm Thursday and turned himself in at the Palm Beach County Jail.
Levin, who showed up at the jail with his attorney just before 10 p.m., could face up to 30 years in prison if found guilty of killing Mark Drewes, a Pope John Paul II High sophomore. Levin, 40, will make his first court appearance this morning.
"Luciana and Gregory (Drewes) will have the first night of rest since their son was killed, knowing Mr. Levin is in jail tonight," said Kathy Lepore, a family friend who was with the couple Thursday night.
Levin's attorney, Bo Hitchcock, described him as remorseful as he walked with Levin to the jail.
The shooting has seared the suburban Boca Raton neighborhood, with many people insisting that Levin face prison time and others, while condemning Levin's lethal response, saying the youth put himself in harm's way with his late-night prank.
Drewes was shot in the back in the early hours of Oct. 25. He had celebrated his 16th birthday at a party with his family and friends hours before he and a friend, Anatoly Martynenko, decided to play a game of "Ring and Run," targeting the homes of Drewes' neighbors on Woodbury Road, according to a letter the family sent to neighbors.
Martynenko told detectives that the two had tied fishing line to the knocker on Levin's front door so they could knock on it while hiding in the bushes. When the line came undone, Drewes approached the door to retie it.
About that time, Levin told investigators he was awakened by a scratching sound, he was in a "fog and sleepy... I thought someone was coming in to kill me."
He opened the door and saw "a big figure in front of me." He estimated he was 3 to 4 feet away from the 6-foot-2 teen.
"I thought I saw a gun in his hand or something... I don't know what it was... I raised my gun and fired," Levin told investigators.
Levin fired one shot, hitting Drewes in the back, below the right shoulder blade. Drewes collapsed in a neighbor's lawn and died a short time later at Delray Medical Center.
Prosecutors had issued an arrest warrant Thursday for Levin.
At the same time, the dead boy's frustrated parents urged their neighbors in the tight-knit community to call on Palm Beach County State Attorney Barry Krischer to charge Levin with second-degree murder for killing their 16-year-old son.
In a letter addressed to "our community" and dated Thursday, Luciana and Gregory Drewes wrote: "We are asking for your support to bring the appropriate charges against Jay Levin for killing our son for no reason. Second degree murder is the only charge that fits this crime."
That charge would fall under the state's tough 10-20-Life gun law, lawyers say.
Under the law, someone convicted of using a gun in commission of a crime must be sentenced to 10 years in prison. If a criminal fires that gun during the crime, the sentence increases up to 20 years, and if someone is killed or maimed during the crime, a mandatory sentence of 25 years to life must be imposed.
Instead, Levin faces the next charge down, manslaughter, but with the use of a firearm. The felony can carry a maximum of 30 or more years in prison. Without the firearm charge, manslaughter carries a maximum of 15 years in prison.
Mike Edmondson, spokesman for the state attorney, said earlier in the day that the office welcomed comments about the case.
"The communications have been both to charge and not to charge Mr. Levin," Edmondson said, adding that the public outcry has not affected the investigation.
In their letter, his parents said they were shocked that Levin had not been charged with any crime at that point.
"It has become our responsibility to assure our community that Jay Levin will never have the chance to pull the trigger of a gun and take another innocent child's life again," they wrote. "We cannot believe that a crime of this magnitude could happen to an innocent child without any penalty."
dani_davies@pbpost.com,scott_mccabe@pbpost.com
http://www.palmbeachpost.com/news/content/auto/epaper/editions/friday/news_f34bf574f20621480087.html
*****************************************************
In a related story the family of the victim hired attorney Bob Montgomery(aka tobacco lawyer and lawyer who sued Valor for selling a defective Raven .25 in the death of teacher Barry grunow and lost because the jury found the gun worked and was not defective) to sue shooter Jay Levin civil court. Montgomery likes to try cases in the media and had said last week that the bullet used was explosive in nature to create a stir. It was a frangible bullet, not "explosive" and indicated his typical elitist thinking.
Below is my letter to the paper that was printed regarding his comments.
**********************************************
Montgomery wrong to call Drewes bullet 'explosive'
I see that sensationalism and misinformation from Bob Montgomery is starting already to try to sway public opinion in the shooting of Mark Drewes (" 'Explosive' bullet downed Drewes, attorney reports," Thursday). The description of explosive used with ammunition is irresponsible on Mr. Montgomery's part.
Explosive ammunition is illegal in Florida, as defined in Florida Statute 790.31(b). The ammunition in question is designed to break apart on impact, creating less of a chance of injuring someone else. It is much safer than a standard ball round. The police don't use this type of ammunition because it is ineffective in shooting through objects that police may encounter. But to indicate that only the police should be able to use this "safety" round is elitist thinking.
The shooting of Mark Drewes Oct. 25 is tragic and never should have happened, but Mr. Montgomery should check his facts and stop trying the case in the media.
http://www.palmbeachpost.com/opinion/content/auto/epaper/editions/wednesday/opinion_f31b46c684bed07900d8.html
Neighbor charged in teen's death
By Dani Davies and Scott McCabe, Palm Beach Post Staff Writers
Friday, November 14, 2003
Jay Levin, the suburban Boca Raton businessman who shot a teenage prankster knocking on his door, was charged with manslaughter with a firearm Thursday and turned himself in at the Palm Beach County Jail.
Levin, who showed up at the jail with his attorney just before 10 p.m., could face up to 30 years in prison if found guilty of killing Mark Drewes, a Pope John Paul II High sophomore. Levin, 40, will make his first court appearance this morning.
"Luciana and Gregory (Drewes) will have the first night of rest since their son was killed, knowing Mr. Levin is in jail tonight," said Kathy Lepore, a family friend who was with the couple Thursday night.
Levin's attorney, Bo Hitchcock, described him as remorseful as he walked with Levin to the jail.
The shooting has seared the suburban Boca Raton neighborhood, with many people insisting that Levin face prison time and others, while condemning Levin's lethal response, saying the youth put himself in harm's way with his late-night prank.
Drewes was shot in the back in the early hours of Oct. 25. He had celebrated his 16th birthday at a party with his family and friends hours before he and a friend, Anatoly Martynenko, decided to play a game of "Ring and Run," targeting the homes of Drewes' neighbors on Woodbury Road, according to a letter the family sent to neighbors.
Martynenko told detectives that the two had tied fishing line to the knocker on Levin's front door so they could knock on it while hiding in the bushes. When the line came undone, Drewes approached the door to retie it.
About that time, Levin told investigators he was awakened by a scratching sound, he was in a "fog and sleepy... I thought someone was coming in to kill me."
He opened the door and saw "a big figure in front of me." He estimated he was 3 to 4 feet away from the 6-foot-2 teen.
"I thought I saw a gun in his hand or something... I don't know what it was... I raised my gun and fired," Levin told investigators.
Levin fired one shot, hitting Drewes in the back, below the right shoulder blade. Drewes collapsed in a neighbor's lawn and died a short time later at Delray Medical Center.
Prosecutors had issued an arrest warrant Thursday for Levin.
At the same time, the dead boy's frustrated parents urged their neighbors in the tight-knit community to call on Palm Beach County State Attorney Barry Krischer to charge Levin with second-degree murder for killing their 16-year-old son.
In a letter addressed to "our community" and dated Thursday, Luciana and Gregory Drewes wrote: "We are asking for your support to bring the appropriate charges against Jay Levin for killing our son for no reason. Second degree murder is the only charge that fits this crime."
That charge would fall under the state's tough 10-20-Life gun law, lawyers say.
Under the law, someone convicted of using a gun in commission of a crime must be sentenced to 10 years in prison. If a criminal fires that gun during the crime, the sentence increases up to 20 years, and if someone is killed or maimed during the crime, a mandatory sentence of 25 years to life must be imposed.
Instead, Levin faces the next charge down, manslaughter, but with the use of a firearm. The felony can carry a maximum of 30 or more years in prison. Without the firearm charge, manslaughter carries a maximum of 15 years in prison.
Mike Edmondson, spokesman for the state attorney, said earlier in the day that the office welcomed comments about the case.
"The communications have been both to charge and not to charge Mr. Levin," Edmondson said, adding that the public outcry has not affected the investigation.
In their letter, his parents said they were shocked that Levin had not been charged with any crime at that point.
"It has become our responsibility to assure our community that Jay Levin will never have the chance to pull the trigger of a gun and take another innocent child's life again," they wrote. "We cannot believe that a crime of this magnitude could happen to an innocent child without any penalty."
dani_davies@pbpost.com,scott_mccabe@pbpost.com
http://www.palmbeachpost.com/news/content/auto/epaper/editions/friday/news_f34bf574f20621480087.html
*****************************************************
In a related story the family of the victim hired attorney Bob Montgomery(aka tobacco lawyer and lawyer who sued Valor for selling a defective Raven .25 in the death of teacher Barry grunow and lost because the jury found the gun worked and was not defective) to sue shooter Jay Levin civil court. Montgomery likes to try cases in the media and had said last week that the bullet used was explosive in nature to create a stir. It was a frangible bullet, not "explosive" and indicated his typical elitist thinking.
Below is my letter to the paper that was printed regarding his comments.
**********************************************
Montgomery wrong to call Drewes bullet 'explosive'
I see that sensationalism and misinformation from Bob Montgomery is starting already to try to sway public opinion in the shooting of Mark Drewes (" 'Explosive' bullet downed Drewes, attorney reports," Thursday). The description of explosive used with ammunition is irresponsible on Mr. Montgomery's part.
Explosive ammunition is illegal in Florida, as defined in Florida Statute 790.31(b). The ammunition in question is designed to break apart on impact, creating less of a chance of injuring someone else. It is much safer than a standard ball round. The police don't use this type of ammunition because it is ineffective in shooting through objects that police may encounter. But to indicate that only the police should be able to use this "safety" round is elitist thinking.
The shooting of Mark Drewes Oct. 25 is tragic and never should have happened, but Mr. Montgomery should check his facts and stop trying the case in the media.
http://www.palmbeachpost.com/opinion/content/auto/epaper/editions/wednesday/opinion_f31b46c684bed07900d8.html