OLATHE, Kan. — A 16-year-old Bonner Springs boy will not have to spend the rest of his life behind bars for murdering his father. As part of a plea deal Tuesday, the teen may not even spend a day in an adult prison.
After pleading guilty to intentionally shooting and killing his father, the boy could spend only 36 months in juvenile custody before he’s released.
During a custody exchange between his mother and father in July of 2013 at a Shawnee auction service, police say the boy pulled out a handgun as he approached his father’s car and shot and killed 46-year-old Darren Gay of Kansas City, Kansas. The teen’s lawyer successfully argued that the boy was a victim of abuse at the hands of his father and suffers from post-traumatic stress. As a result, he wasn’t tried as an adult.
“That’s what the evidence was that we presented was that he was abused by his father,” said Trey Pettlon, the boy’s lawyer. “He was 14 at the time and he was put into a position where he didn’t feel like he had any choice but to kill his father. That’s a pretty difficult notion for people to understand. But it is a recognized downward departure criteria under Kansas law.”
At a sentencing hearing in October, Pettlon will argue for 36 months of juvenile custody for the teen. The boy then would remain under court supervision until he’s 23. If he breaks the law, or violates the terms of his juvenile sentence, an adult sentence of 12 years and 3 months in prison would be imposed.
FOX 4 News talked with Chris Gay, Darren Gay’s brother, following the hearing. He declined to appear on camera but says the Gay family is upset with the plea agreement. He calls allegations of abuse by his brother against the boy absolutely false. He says there’s no evidence to show his brother abused the teenager, sexually or otherwise.