A now 40-year-old man who was a teenager when he fatally shot two fellow students in a rampage at Santana High School continues to remain in prison as prosecutors appeal a court decision that could lead to his release.
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Charles “Andy” Williams appeared via video conference in Juvenile Court on Monday for a brief status hearing in his bid for release, but with the appeal still pending, San Diego Superior Court Judge Ana España set a hearing in December in hopes of having a decision in hand. And if the appellate decision comes sooner, the hearing could be bumped up to an earlier date.
Williams was 15 years old in 2001 when he opened fire between class periods, killing two students and wounding 11 other students as well as a teacher and a security guard. He was charged as an adult and sentenced to 50 years to life in prison.
He is seeking release from prison under criminal justice reforms designed to make shorter sentences possible for offenders who were younger than 16 at the time of their crime but charged as adults. A small universe of youthful offenders can now petition for relief if their sentence is long enough to be considered the functional equivalent of life in prison without parole.
The legal question is exactly how long of a sentence is the functional equivalent of life without parole.
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Following appellate rulings in prior cases tackling that same question, a San Diego Superior Court judge earlier this year agreed to recall Williams’ sentence so he could be resentenced under today’s laws.
Because Williams was 15 at the time of the attack, his case was sent to Juvenile Court for resentencing — but that court can’t incarcerate anyone older than 25. Williams’ attorney argues that should translate into release from prison.
Prosecutors are appealing the judge’s decision to recall his sentence. That process is on the appellate court’s expedited calendar but still in the relatively early stages, and it is unclear when a decision could come.
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