Innocence protests can't spare Anthony Waiters as judge sentences him to prison

Scott Smith
·4 min read
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STOCKTON — Anthony Waiters of Tracy stood up in court Monday and denied ever hurting a 16-year-old neighbor boy, even as a judge sentenced him to prison for torture in what could turn into a life term.

Waiters called it his death certificate.

"I tell you today, I did not commit these crimes," he said, addressing his victim as "Mr. Kyle."

Anthony Waiters is escorted from the courtroom Monday after hearing his sentence. Waiters was convicted in December of helping to torture Kyle, a teenager living next door to his Tracy home. Waiters, the only one of the four defendants to go to trial, proclaimed his innocence in court before being sentenced to a prison term that could last the rest of his life.

"He said I hated him. I did not hate him."

Pleading for the judge's leniency, Waiters' mother, Alice Waiters, said her son was hardworking and only once in life received one speeding ticket. She sobbed openly when the judge delivered the sentence.

"Judge, this is wrong, and I pray for your mercy," she said. "I don't see justice in this."

On Dec. 1, 2008, Kyle escaped from a home on Tennis Lane in Tracy, wearing a chain around his ankle and dirty boxers. Waiters lived next door.

In the days after, Waiters and three others were arrested on suspicion of beating, burning and cutting Kyle. The abuse had intensified over more than a year.

In a statement lasting several minutes, Waiters, 31, stood and turned so he could see both the judge and Kyle, who was seated with his family. Waiters wore orange jail garb and shackles.

Waiters didn't testify in his trial, so this was his first time speaking publicly about the case.

Waiters defended his character, talking about having coached youth football and worked as a school crossing guard — two roles dedicated to protecting children. He also cared for his ailing mother.

Kyle attended the sentencing Monday but did not address the court or the media.
Kyle attended the sentencing Monday but did not address the court or the media.

He fears that in prison, other inmates will want to kill him. The torture allegations against him and three others have spread around the world. Waiters even noted that he became an anime character in Taiwan and a lead story on Telemundo, a Spanish-language broadcast network.

"I will be Swiss cheese," he said of his future in prison.

Unlike the three other defendants, Waiters passed up a plea deal with prosecutors and took his case to trial. A jury in December found Waiters guilty of nine felonies, including torture, aggravated mayhem, child abuse, false imprisonment and assault with caustic chemicals.

In trial, Kyle described Waiters sawing on him with a knife as two others pinned down his arm.

"He believes in his heart that I did so," Waiters said. "That is not the case."At the close of his statement, San Joaquin County Superior Court Judge Terrence Van Oss shook his head in confusion.

"They couldn't make this stuff up," Van Oss said. "It's impossible to determine who really is being sincere here."

In the end, he put his confidence in the jury's verdict and sentenced Waiters to serve about 18 years in prison before he is eligible for parole.

Van Oss explained Waiters' prison term in two parts. Waiters will serve 11 years, eight months for the bulk of the charges. Once that is finished, Waiters will begin a sentence of seven years to life for the torture conviction.

Van Oss also denied a motion filed by Waiter's attorney, Allan Jose, for a new trial.

Sydney Perry, Kyle’s aunt, is convinced of Anthony Waiters’ guilt despite his pleas of innocence in court Tuesday. Kyle now lives with Perry and her husband, Ralph, left.
Sydney Perry, Kyle’s aunt, is convinced of Anthony Waiters’ guilt despite his pleas of innocence in court Tuesday. Kyle now lives with Perry and her husband, Ralph, left.

Outside the courtroom, Jose would not say what offer prosecutors made Waiters to settle the case before trial. He said it was similar to offers the three other defendants took.

Michael Schumacher accepted a 30-year term. His wife, Kelly Lau, will spend 33 years behind bars. The victim's onetime caretaker, Carén Ramirez, took 34 years.Jose said it was his client's decision to make his case before a jury.

"His reasons are his own," Jose said.

San Joaquin County Deputy District Attorney Angela Hayes said there is a possibility a parole board could let Waiters out of prison in about 18 years, before the other three complete their 30-plus years.

But the board typically grants parole to inmates who admit their crime and show remorse. Hayes said Waiters will have to change the position he took Monday in court, she said.

"Certainly, he has the chance of getting out sooner, technically," Hayes said. "He also may never get out. It's a gamble."

Kyle, now 18, attended the hearing but said nothing. Afterward, he pushed through a clutch of reporters without commenting.

There is little question of Waiters' guilt in Sydney Perry's mind, despite Waiters' steadfast denial. She and her husband, Ralph Perry, are Kyle's aunt and uncle. They have taken him into their home.

In court, Sydney Perry called Waiters sadistic. Kyle didn't make up the abuse Waiters imposed, she said, adding that Waiters brought to the Schumacher home the baseball bat and boxing gloves used to hurt Kyle.

"The scars on his body didn't just appear," Perry said. "This man needs to pay for the things he did to Kyle."

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.

This article originally appeared on The Record: Innocence protests can't spare Waiters