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Teen apologizes for killing friend

James Garrett could barely speak, let alone stand.

Sobbing, the 19-year-old tried to apologize for killing 16-year-old Marcus Robinson with a rifle shot to his neck. The Jan. 17 shooting happened at Garrett's home on Mountain Thickett Street, near Elkhorn Road and Durango Drive.

Garrett, whose body shook as he choked back tears, expressed remorse Wednesday during his sentencing hearing at the Regional Justice Center.

"I'd do anything to bring him back," a barely audible Garrett told District Judge Douglas Smith.

Garrett shot his friend while the two were re-enacting a scene from "Star Wars" and using real swords and an antique World War II rifle with a bayonet.

Garrett had pulled the trigger of the rifle once and nothing happened. When he pulled the trigger on the early model of an AK-47 a second time, a round discharged. The bullet pierced Robinson's neck and exited through his back.

In a deal agreed to by prosecutors and Garrett's defense attorney in June, the 19-year-old pleaded guilty to attempted performance of an act in reckless disregard of persons or property with use of a deadly weapon. As part of the plea deal, prosecutors dropped a second-degree murder charge against Garrett.

During Garrett's sentencing hearing, Smith also heard from Robinson's mother, Karen Adams.

Many in the courtroom, including the judge, were moved to tears by Adams' emotional speech.

She described her son as a straight A student who was planning to attend UCLA and who wanted to be an actor. Two days before he died, Robinson learned he had gotten the lead role in Arbor View High School's performance of the musical "Wendy."

"He was my all. I lived for him. I breathed for him. I made sure he went to Montessori school, the best schools. I was at every concert. Everything. Because I'm a single mom, I was the only one there for him."

Adams said that because she worried about her son's safety, she moved to what she thought was a good neighborhood.

"Who would've known I moved in where big boys have big toys and guns that could kill my son. The very thing I was always afraid of," Adams said.

"They took my life away from me. They took my all."

Adams said she knew her son's killer was "a good kid." She said she faulted his parents for not teaching proper gun safety.

"I don't just blame him, I blame his parents."

Adams also described the last phone call she had with her son. "Wake me up when you get home Marcus, because I want to get a hug, because I hadn't gotten my hug," she told the judge.

When he hadn't returned home by 11:30 p.m., she thought about calling him and leaving a crazy message with threats like, "You're grounded. You missed your curfew. You're gonna clean every toilet and everything in the house. You will never go out again."

She said she didn't leave the message because she wanted to talk to him.

"I'll tell you, your honor, without the grace of God I don't know how I could live. He was my everything. My everything."

Adams asked that Garrett be sentenced to six months in jail so he could think about what he did. She also asked that after his release, Garrett be required to go to schools and tell the story of what happened to students.

Defense Attorney Michael Cristalli argued that his client should receive probation because the shooting was unintentional.

"This was an accident, a terrible accident. He did not know there was a round in that weapon," Cristalli said. "I don't believe putting him in custody will further benefit the victim's family, the state of Nevada or anyone else."

Garrett is being punished, Cristalli said. He suffers from depression and anxiety and often has nightmares and suicidal thoughts,

Smith sentenced Garrett to six months in jail and five years of probation. Garrett must perform 1,000 hours of community service, which would involve the 19-year-old going to valley schools and telling students about the shooting. Garrett must make restitution for the funeral costs to Adams, abstain from alcohol and stay away from weapons, including swords and guns.

Smith said if Garrett violates or fails to complete any portion of the sentence, he will be remanded to custody and serve a prison term of two to six years.

If Garrett complies with the terms of his sentence, Smith said he would reduce Garrett's felony to a gross misdemeanor.

"This is the saddest case I've ever had to deal with in 27 years as a public defender, as a prosecutor and as a judge," said Smith, who left the courtroom after the sentencing to compose himself.

Prosecutor Chris Owens said that Garrett was originally charged with murder because the act of pointing a gun, loaded or unloaded, at someone is a crime.

"If a death results from that, it's not an accidental death in the eyes of the law. An accident happens when you are doing something lawful."

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.

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