Deal for Gun Owner in School Shooting

F L I N T, Mich., Aug. 22, 2000 -- A man reached a deal with prosecutors, avoiding trial on accusations he carelessly stored a handgun that a 6-year-old boy allegedly used to kill a classmate at school.

Jamelle James, 19, agreed to plead no contest to an involuntarymanslaughter charge in the death of 6-year-old Kayla Rolland, CindyGilliam of the Genesee County clerk’s office said. His trial hadbeen set to start this morning.

James previously had pleaded innocent to the charge. He wouldhave faced up to 15 years in prison if convicted.

In exchange for the no contest plea, prosecutors agreed to askthe court to impose a sentence of no more than two years, Gilliamsaid. A no contest plea isn’t an admission of guilt but is treatedas such for sentencing purposes.

James remained in jail pending sentencing. No date has been set.

Calls to Assistant Prosecutor Daniel Stamos and defense attorneyRobert J. Polasek were not immediately returned.

Unlocked Shoe BoxStamos had maintained James was negligent when he left thesemiautomatic pistol in an unlocked shoe box in his bedroom. Butthe defense had said his client didn’t own the gun and can’t beheld responsible for the shooting.

The boy, now 7, is accused of shooting Kayla to death in theirfirst-grade classroom at Buell Elementary School near Flint on Feb.29.

The boy had been living with James in what prosecutors describedas a “flophouse,” where occupants traded guns and drugs. Themother left the boy and his 8-year-old brother at the house a weekbefore the shooting after she was evicted from her home.

At James’ preliminary hearing, the boy testified that he foundthe weapon in James’ room.

Also living at the house was the boy’s uncle, Sir MarcusWinfrey, 22, who pleaded guilty last month to possessing the stolenhandgun.

James has already pleaded guilty in U.S. District Court topossessing a stolen 12-gauge shotgun found in the home after theshooting.

The boy is not charged in the case. Under Michigan law, childrenunder age 7 cannot form criminal intent. He told investigators hehad only been trying to scare the girl and that the shooting was anaccident.

Earlier this month, a judge ruled that the boy and his brotherand sister should be placed in separate foster homes because offamily and behavioral problems. The ruling came after a statesocial worker said they had become a burden for the maternal auntwho was caring for them.