THIS CHILD NEEDS TREATMENT AND A CHANCE FOR REHABILITATION; NOT IMPRISONMENT

ATTN: Tennessee Government Officials

On March, 30th 2006, Kenneth Bartley, a 14 year old child in Tennessee, waived his right to have a transfer hearing to determine if he would be charged as a juvenile or as an adult for killing one administrator and wounding two other administrators at Campbell County Comprehensive High School in LaFollette, Tn. On November 8th, 2005, the student allegedly shot the administrators when he was confronted in a small office, about whether or not he had brought a gun to school. Reports indicate that the child was going to sell the gun for drugs after school and had no intention of shooting or killing anyone that day. There are too many inconsistencies in this case to charge Kenneth with first degree murder, or as an adult. This was not an act of premeditation.

This child clearly, lacked the structure, supervision, and guidance necessary for healthy adolescent development. It appears that he was overlooked, or rather, neglected by those who were supposed to care for, guide, and love this child most. This includes the public school system, which was fully aware of Kenneth's past behavioral problems. 

Kenneth Bartley needs treatment, not to be locked up in a prison cell, with no chance for rehabilitation. He is a child and children are capable of change. He is 14 years old. He will change so much in the next several years. It would be a travesty to lock this child up in a prison cell, in essence giving up all hope of rehabilitation.

1. All children deserve the chance to redeem themselves.

2. At the time of the shooting, Kenneth was three months into his 14th year of his life. Developmentally, as many studies have indicated, a 14 year old child is not physically or mentally capable of comprehending the complexity of their actions and the severity of their actions and their consequences. 

3. It is also very likely that this child was under the influence of drugs when the incident occurred. Several reports indicate that this child was abusing several different drugs. Kenneth was charged with possession of Schedule II narcotics with intention to sell that day too.

4. Appropriate school policy was not followed to ensure the safety of others. The administrators put their lives and the lives of many others at risk by taking matters into their own hands, resulting in the death of Ken Bruce. It has been reported that Kenneth was not searched by the resource officer (who knew he allegedly had a weapon on his person) prior to being lead down the student filled school corridor to a busy main office. All accounts indicate that Kenneth sat calmly talking with Pierce for twenty minutes (with no mention of the weapon) before Seale arrived. Once Seale arrived and Mr. Bruce entered the office last minute, Pierce's small office door was then shut. 

5. It is unclear as to when and in what manner the shots were fired. There are conflicting accounts as to whether or not the gun was already loaded with the clip in it prior to the child entering the office. Assuming that Kenneth was under the influence of drugs at the time of the shooting, then one would think that this would significantly impact his ability to reason, by impairing his judgment, slowing his motor movement and coordination, and altering his state of mind. Therefore, it is very unlikely that he would have been able to load the gun and put the clip in the gun in a timely manner. Especially, considering he was unfamiliar with the gun. Why was the gun not taken away during this time? The administrators claim that Kenneth loaded the gun in the office, right in front of them. Surely this would have been an opportune time to intercept the weapon instead of waiting until it was loaded with the clip in place. Other accounts indicate that the gun was already loaded with the clip in place, prior to Kenneth entering the office, which is contrary to the administrators’ account that he loaded the gun in the office.  It appears that the administrators may be trying to cover up for their negligence by saying that Kenneth loaded the gun and put the clip in it in the office, while saying, “You want to see if it is real.  I never liked you anyway.” That way it would appear that this was a malicious, intentional act of violence against Mr. Bruce and the other two administrators, when in fact it was more of an accident caused by negligence.  But if the gun was already loaded with the clip in it prior to going into the office, then the gun could have easily fired when the administrators struggled with the boy for the gun. Ultimately, restraining Kenneth on the floor of the office and hog tying him until the police arrived.  It has already been reported that Kenneth and one administrator were definitely shot during the struggle for the gun. KENNETH WAS SHOT IN THE HAND!!!  WHO SHOT KENNETH?  Unintentional, random, aimless gunfire as a result of being confronted in a confined space and then being tackled to the ground does not warrant a charge of First Degree Murder or Second. If the appropriate procedures were followed (law enforcement called in to handle the situation) it is likely that no one would have been harmed. The administrators failed to follow appropriate school safety procedures, thus putting all students and staff at risk. Negligence on the administrators’ part is also to blame for Ken Bruce's death. Again, Kenneth (who was suspected of having a weapon) was not searched and was escorted through the school's corridors, filled with students and staff, to the main office, where he still was not searched. He then talked with Pierce for 20 minutes before Seale even arrived, with no mention of the weapon.  Kenneth appeared calm and compliant. The tiny office door was then shut when Seale arrived. Interestingly, only days later at a neighboring school a student was suspected of having a gun, and appropriate procedures were followed, law enforcement called, and no one was hurt. This policy is also a Federal Law, as well as a state law. 


6. Three months prior to the shooting, August 8th 2005, Kenneth had an altercation with his neighbors in which the police were called. Nothing was done. This child was crying out for help and no one did a thing. Kenneth even contacted his case worker, and still he received no treatment. Many people failed this child. The signs were present, but ignored or overlooked by all involved.

Kenneth should be held accountable as the CHILD that he was and still is.

Please consider giving Kenneth a chance to be rehabilitated, so that he can one day live a life outside of prison. Prison gives a child no opportunity for rehabilitation or personal growth.

Please strongly consider the option of rehabilitation. The fate of this child is in your hands.


Sincerely,

Kids in Court- Juvenile Justice Advocacy Organization


Kids in Court:  http://www.kidsincourt.net/phpBB2/viewforum.php?f=122
Whoopass for Justice: http://www.whoopassforjustice.org/phpBB2/viewforum.php?f=68


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