Judge mulls whether to charge juvenile suspect from Tanglewood Middle shooting as an adult
After two days of hearing witnesses and expert testimony in Greenville Family Court, a judge will make a key decision on whether to charge a juvenile suspect with the murder of a Tanglewood Middle School student as an adult.
The juvenile, who was 12-years-old at the time of the incident and will not be publicly identified due to his age, is charged with the March 31, 2022, murder of another 12-year-old, Jamari Cortez Bonaparte-Jackson. Now 14, the juvenile would be moved to adult court if the state proved the case was severe enough during the hearing.
Prosecutors looked to prove the suspect planned the shooting and demonstrated a pattern of bullying which they said necessitated an adult criminal trial. Meanwhile, the defense alleged the juvenile experienced bullying at the school and noted assertions from an independent psychiatric witness and Department of Juvenile Justice employees who believe the juvenile has a high probability of rehabilitation.
A year ago, the juvenile appeared in family court for a hearing that determined he would remain in-custody at the Department of Juvenile Justice. He has been in custody for over a year and a half.
Judge Jessica A. Salvini of the 13th Judicial Circuit will hand down a decision after she reviews all the relevant material from the two-day hearing, which began Thursday shortly before 10 a.m. and concluded late Friday afternoon.
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Judge to make decision based on factors established by U.S. Supreme Court
In South Carolina, a family court judge may waive a child of any age charged with murder to adult court. Judge Salvini will evaluate whether to waive the case to adult court based on several factors.
She will use eight standards, called “Kent factors” from a 1966 U.S. Supreme Court case, Kent v. United States. These include the seriousness of the offense, the defendant’s maturity, any prior record and the prospects for the defendant’s rehabilitation, among others.
Over the two-day hearing, prosecutors suggested the plan to shoot Jamari was sophisticated and premeditated and alluded to the juvenile’s behavioral issues and pattern of harassment. The defense said his possibility for rehabilitation would be aided if he remained in the juvenile system.
Waiver process: What's next for child charged with murder in Tanglewood school shooting in Greenville
Salvini said that a decision on whether to waive will be announced at a follow-up meeting in her courtroom. She acknowledged the weight of the decision and the quantity of material for her to review.
"This is one of the toughest decisions I will ever have to make on the Family Court bench," Salvini said when she addressed the courtroom near the end of Friday’s proceedings.
While the date for a decision is not set, defense attorney Ryan Beasley speculated it would likely not be until after the holidays and into the new year.
Hearing offers new details about the day of the school shooting
Over the two days of court, 15 individuals were called to the witness stand. Several of them provided accounts about the day of the shooting, including a Tanglewood school resource officer, students who were present and Greenville County Sheriff’s Office personnel who responded to the scene.
During his testimony, the school resource officer said he responded from his office after hearing the gunshot. He said the juvenile shot Jamari in the 7th grade hallway as they were exchanging classes. Although the hallway was full of students at the time, he said within 45 seconds all the students cleared out.
Five witnesses who testified were juveniles who attended Tanglewood Middle School at the time of the alleged murder. One student witness, who said she was friends with both children, stated that right before the incident the juvenile suspect went around a classroom asking other students if they were friends with Jamari.
When they answered "no," he allegedly asked them "if they want to see Jamari’s head blown off."
After shooting occurred, the juvenile escaped the school through the back and ran to a nearby house. Once there, he communicated with the residents through their Ring doorbell camera because they were not home at the time.
The juvenile appeared worried, requested to come inside and asked the residents to call his father. The residents did call the suspect’s father, which the father later testified is how he found out about the shooting. The juvenile eventually hid under the porch before being detained by officers. Investigators found a Ruger-380 handgun hidden underneath the porch.
Officers also found a bookbag which held a two-page letter potentially referencing the murder. Once in custody, the juvenile was interviewed with his father beside him and waived his Miranda rights.
The juvenile told investigators he and Jamari had prior physical and verbal altercations. He also said that he believed he squatted and shot the gun "in the air." During the interview, he denied knowing Jamari was dead.
How it happened: A boy is taken in custody after fatal Tanglewood Middle School shooting.
Testimony, evidence submitted about alleged bullying against and by juvenile suspect
Allegations and rumors of bullying and harassment were discussed by both the juvenile’s defense attorneys and the state. The state alleged that the juvenile defendant planned the shooting and displayed a pattern of bullying. However, the defense maintained that bullying the child was subjected to may have prompted the fatal incident.
In family court, hearsay – or information not known first-hand by a witness – is allowed, while it is not in an adult criminal trial. Because of this, the five juveniles who attended Tanglewood Middle School at the time and other witnesses could comment more broadly about issues they heard at or about the school, as well as the case more generally.
The juvenile’s father said he had heard of a specific social media page for fights at Tanglewood. However, a former Tanglewood student identified as Jamari’s best friend, testified that there was not a culture of fighting at the school.
The same student also denied that he and Jamari attempted to fight the juvenile suspect in the bathroom or threatened him on prior occasions, something the juvenile alleged when questioned by police. Footage of the police interview, which took place within a few hours following the incident, also shows the juvenile claiming that Jamari and his friend told him they were in the "6LK gang" and that he felt threatened.
None of the witnesses said they had heard of the alleged gang. This included Jarrad Sparkman, the chief investigator from the sheriff’s office, who said he consulted with other officers knowledgeable on gang activities in the area.
The juvenile suspect’s father testified that his son had problems at Tanglewood that began towards the end of the prior academic year. While the juvenile referenced harassment or bullying, he never identified the perpetrators.
The father said that his son was usually a creature of habit who enjoyed hobbies such as riding dirt bikes and working on cars. However, he had become more closed off around that time and spent more time in his room.
Records: 1-page report says Tanglewood school shooting may be gang related, other records withheld
In contrast, prosecutors presented text messages from the night before and the day of the incident. The texts show the juvenile appeared to consistently attempt to initiate a fight with Jamari and referenced he had a gun multiple times. Jamari responded by saying he only wanted to fight with hands.
Sparkman, called as a state witness, said the suspect’s plan was sophisticated.
"This is premeditation I haven’t even seen in adult cases," Sparkman said.
Dynamics with the juvenile’s family, specifically prior altercations with two cousins who also attended Tanglewood, were discussed extensively during the proceedings. However, the connection between the extended family situation and communications between the juvenile and Jamari were not abundantly clear.
Both cousins said they vaguely knew Jamari but were not close. The juvenile’s father and law enforcement were aware the juvenile had a meeting with the school’s assistant principal about some issue with another student or multiple students days prior to the shooting.
The weekend preceding the incident, which occurred on a Thursday, the two cousins said that the juvenile had threatened them and their family via text messages while they were out of town. The threats included sending a picture of one of the cousins’ houses and referenced having a gun.
However, both said they were not worried because they believed the juvenile wasn’t serious and there didn’t appear to be further issues.
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'A little boy's life is on the line,' attorneys for juvenile defendant, victim’s family speak about hearing
Beasley said the case was "high stakes" in nature given the age of the suspect when the offense was committed.
"A little boy’s life is on the line," he said. "You’ve got a child possibly tried as an adult. It’s hard to fathom. I’ve got a 12-year-old, and it’s a different mindset for children compared to adults. It was hard for me just to defend a juvenile because you can’t communicate with them like you can an adult, and they can't participate in their defense. It's a very, very unsettling, unusual, uncomfortable position to be in. I've never been in that position in my career."
Beasley said he found it notable that the state’s expert, clinical psychologist Dr. Danielle Atkinson from the Department of Juvenile Justice, and the defense’s expert, psychiatrist Dr. Amanda Salas, "pretty much agreed on everything."
Salas’ testimony referenced Atkinson’s clinical assessment for DJJ, which said the juvenile has a high probability of rehabilitation. Salas also testified that the juvenile showed no psychopathic behavior, displayed levels of empathy for family and referenced various degrees of trauma that may have impacted his background.
The juvenile shared with Salas about a period of several months when the Department of Social Services became involved with his family. This included a period of time he spent in foster care that was particularly unsettling. Salas did not diagnose the juvenile with Post Traumatic Stress Disorder (PTSD), but said he had some symptoms of it, and believed Attention-Deficit / Hyperactivity Disorder (ADHD) and impulsivity issues were likely.
Various witnesses from DJJ as well as Salas agreed the juvenile had some behavioral problems, which were documented in various write-ups from the school, and struggled academically. Atkinson said he had trouble processing some information.
Atkinson’s concluded after her assessment that the juvenile was a moderate risk for future violence.
The family of Jamari Bonaparte-Jackson, represented by Attorney Margie Pizarro, did not participate in the proceedings, but said they support the case being waived to adult criminal court.
Pizarro emphasized the number of chances the juvenile had to change the direction of the day’s events. She said she could not reconcile what she saw in court with the defense’s assertion that the juvenile did not fully plan out the shooting in a pre-meditated fashion.
"If we weren’t convinced he should be tried as an adult, we certainly were more convinced after seeing two days of testimony, seeing the evidence and level of planning," Pizarro said. "There’s no question in our minds that’s what we want the court to do, but we’re going to rely on the court. That’s our system of justice."
Chalmers Rogland covers public safety for the Spartanburg Herald-Journal and USA Today Network. Reach him via email at crogland@gannett.com.
Terry Benjamin II covers public safety and breaking news for The Greenville News and can be reached at tbenjamin@gannett.com or on X @Terrybenji2.
This article originally appeared on Herald-Journal: Judge mulls whether to charge Tanglewood shooting suspect as an adult
