Eleven teen lacrosse players from upstate New York are accused of plotting or participating in the same stunt: staging a kidnapping scene and making younger teammates believe they were being abducted by armed assailants dressed in black.
But the fates of the suspects from Westhill High School in Syracuse could vary widely, legal experts say.
All 11 suspects surrendered to authorities this week after District Attorney William Fitzpatrick publicly offered them a deal Tuesday: Turn yourself in within 48 hours, and face a misdemeanor charge of unlawful imprisonment. Don’t turn yourself in, and face a more serious charge of felony kidnapping.
Authorities have not identified the suspects due to their ages. While most of the suspects are minors, at least one is over age 18, Onondaga County First Chief Assistant District Attorney Joseph Coolican said. But even 18-year-olds could get their records sealed.
‘Youthful Offender Status’ helps teens
Under New York state law, offenders aged 19 and younger can be eligible for Youthful Offender Status, which seals their criminal record and gives greater discretion to their punishment.
Youthful Offender Status is “designed to give people aged 16 but younger than 19 sort of a second chance to straighten out their lives,” said David Shapiro, lecturer at the City University of New York’s John Jay College of Criminal Justice.
“It’s recognition of the state of mind and the comparative development as a person moves from a child to an adult,” Shapiro said. In any case, the “fairly young age of the offenders would be considered at sentencing.”
But there are caveats to obtaining Youthful Offender Status. A judge has to look at the nature of the offense, whether the suspect has prior felony convictions, and whether the suspect is accused of other violent crimes, which could make them ineligible for that status.
For suspects over age 18, defense lawyers will likely ask for their clients to be given Youth Offender Status “because it’s the more favorable treatment in terms of the sealing of their record and the punishment,” CNN legal analyst Joey Jackson said, as opposed to “getting slammed as an adult.”
Different legal tracks
While any adult suspects will be arraigned, the juvenile suspects will proceed to family court, Fitzpatrick said.
In New York, cases involving suspects under age 16 go straight to family court – where the consequences are focused on rehabilitation and diversion initiatives, such as community service or educational programs, Jackson said.
An 18-year-old could get more lenient treatment as well, if the judge presiding over the case decides to send the young adult to the Youth Part of the Supreme Court, Jackson said. There, a suspect would be considered a juvenile delinquent and would be treated more gingerly than an adult in their early 20s.
That also means an 18-year-old might avoid prison time and could receive the same services and programs as a juvenile delinquent, Jackson added.
“The whole essence of this in New York is you’re examining there’s a distinction when you’re young between rehabilitation and punishment,” Jackson said.
While the district attorney can make a formal request to keep a case in family court or move it to the Supreme Court’s Youth Part, ultimately it’s the judge’s call, Shapiro said.
“Once you put a person in the criminal justice system as a convict or delinquent, there’s a great probability that you’ve lost that person for the rest of his or her life,” Shapiro said. “The law recognizes that, and they allow judicial discretion to say: ‘Some individuals still possess hope. Some individuals have not committed crimes so egregious that we cannot sort of give them leniency.’”
In addition to the suspects’ ages, each student’s level of responsibility will also factor into their punishment, experts said.
What the players are accused of
The ruse unfolded April 24, when some of the suspects tricked several younger players into believing they were going to McDonald’s after a lacrosse game, Fitzpatrick said.
The driver of the vehicle claimed he was lost in a remote part of the county, the DA said. That’s when accomplices dressed in black and wielding what appeared to be at least one handgun and a knife jumped out of the woods, pretending to be kidnappers, Fitzpatrick said.
Some of the young victims managed to escape, but one student couldn’t flee, the DA said. The perpetrators put a pillowcase over that teen’s head, tied him up and threw him in the trunk of a car before ditching him in another wooded part of the county, Fitzpatrick said.
The young player thought he was “going to be abandoned in the middle of nowhere,” the district attorney said. He was eventually returned home.
The incident was captured on video, and “you can hear that some of the (suspects) found it amusing,” Fitzpatrick said.
The DA did not say whether the apparent gun was real or fake, but said, “We’re not going to charge anybody with possession of a weapon.”
What the school district is saying
Westhill Central School District said the rest of the varsity boys’ lacrosse season has been canceled. A source familiar with the reasoning behind the decision told CNN there were concerns that teams would not want to play against Westhill.
While the legal process unfolds, the school district has launched its own investigation.
In an email to CNN, Superintendent Stephen Dunham declined to discuss details about the case, citing the ongoing probe.
“What I can share, as Superintendent, is that any behavior that endangers the physical safety, mental health, or well-being of our students will always be addressed promptly and in accordance with our Code of Conduct,” Dunham wrote.
“We remain committed to addressing serious issues directly and thoughtfully, and we will make the decisions necessary to uphold the values of our school community.”
