Sentence in Mich. School Shooting

F L I N T, Mich., Sept. 11, 2000 -- The man accused of allowing a 6-year-old boyaccess to the gun police say was used to shoot first-grader KaylaRolland was sentenced today to two to 15 years in prison.

Jamelle James was charged with leaving a .32-calibersemiautomatic pistol in a shoe box in his bedroom. Police say theboy then took the gun the night before the Feb. 29 shooting atBuell Elementary School in Mount Morris Township, just north ofFlint.

“It vindicates this little girl’s death,” Genesee CountyProsecutor Arthur Busch said.

Circuit Court Judge Judith Fullerton sentenced James to at leasttwo years, with the first nine months to be served in a federalprison.

He will be eligible for parole after two years.

Before Fullerton handed down her sentence, James raised hisvoice at Kayla’s father, who was seated in the courtroom, saying, “He don’t know me to talk about me like that. I don’t appreciatethat.”

Victim’s Dad Speaks

Minutes earlier, Kayla’s father made a victim’s statement inwhich he chastised James for leaving the gun where the boy couldfind it.

James later apologized to Kayla’s father.

“I’m sorry about the loss of his daughter. I know I’ve got todo my time,” James told the court.

The boy was living with James, his older brother and an uncle inwhat prosecutors described as a “flophouse” where guns and drugswere exchanged. His mother left the boys at the house a week beforethe shooting after being evicted from her home.

James accepted the deal last month, just before jury selectionwas to begin in his Circuit Court trial. A no contest plea isn’t anadmission of guilt but is treated as such for sentencing purposes.

Under the agreement, James withdrew his innocent plea andinstead pleaded no contest to the charge, which is punishable by upto 15 years in prison.

Boy Not Charged

Defense attorney Robert J. Polasek said James accepted theproposed plea agreement against his advice, adding that he thoughtthe facts would have supported an innocent verdict.

Busch has admitted it would have been difficult to prove thecase against James, who has been held in the Genesee County Jailsince his arrest March 2.

The boy, now 7, is not charged in Kayla’s death. He toldinvestigators that he was only trying to scare the girl and thatthe shooting was an accident.

The boys’ uncle, Sir Marcus Winfrey, also lived at the house. Hepleaded guilty in July to possessing the stolen handgun used inKayla’s shooting — a point Polasek said he would have raised in hisdefense of James, had the case gone to trial.

A federal grand jury on March 16 indicted James, Winfrey and athird man, Robert Morris III, on charges of possessing stolenweapons and using illegal drugs while possessing a firearm.

James pleaded guilty in that case, admitting that he possessed astolen 12-gauge shotgun found in the home after the schoolshooting.