Pubdate: Tue, 01 Aug 2006
Source: News & Observer (Raleigh, NC)
Copyright: 2006 The News and Observer Publishing Company
Contact: http://www.newsobserver.com/484/story/433256.html
Website: http://www.news-observer.com/
Details: http://www.mapinc.org/media/304
Author: Thomasi McDonald
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/mdma.htm (Ecstasy)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

TEEN LIABLE IN FRIEND'S DRUG DEATH

The Judge Scolds Parents On Both Sides Of The Case Who Tolerated Drug Use

RALEIGH - A Cary teen accused of providing a deadly mix of hard drugs 
to a friend was found not guilty of second-degree murder but 
responsible for involuntary manslaughter Monday afternoon in Wake 
County District Court.

But Judge Craig Croom, who delayed the teen's sentencing until at 
least Friday, saved his harshest vocal judgment for the parents of 
the juvenile and the victim, 16-year-old Erica Hicks.

"This case is about parental responsibility," Croom said. "As I 
listened to the evidence, I realized these kids were basically doing 
what they wanted to do."

Hicks, a junior at Southeast Raleigh High School, died in October 
after ingesting cocaine, methamphetamine and ecstasy. The juvenile, 
who was accused of supplying those drugs to Hicks, also was found 
responsible Monday for possession with intent to sell.

Because he was tried as a juvenile, the boy wasn't named. The Cary 
High sophomore has been at a juvenile detention center since his 
arrest in January but probably won't be held any longer. The 
sentence, to be decided by Croom, could include counseling, 
outpatient drug treatment and a stint at a group home.

"We expect him to be released on Friday with some terms," said 
Raleigh defense attorney Deborrah Newton, who added that she plans to 
appeal the case on the grounds of insufficient evidence.

Strong Opinions

While disappointed with the decision, Wake Assistant District 
Attorney Melanie Shekita said prosecutors were happy "that someone is 
ultimately being held responsible for Erica's death."

Under North Carolina's juvenile code, a youthful offender can be 
sentenced to a juvenile detention center only if his prior criminal 
record includes two felonies, or he has one prior felony and a 
current felony offense, said Eric Zogry, a juvenile defender with 
North Carolina Indigent Defense Services. Zogry provided assistance 
to the defense in the case.

"In my mind, he's already been punished," Zogry said.

That wasn't enough for the victim's older sister Stephanie, 20, a 
junior at East Carolina University.

"I think he should have gotten second-degree murder," Stephanie Hicks 
said. "All of the evidence the defense presented was based on hearsay 
and her past history."

Afterward, strong emotions erupted among friends of the victim and 
the youthful offender in the courtroom and in front of the 
courthouse, where they argued and called one another "crackheads" and 
"trailer park trash."

A Culture Of Drug Use

The two-week trial revealed a teenage drug culture that involved 
alcohol, marijuana, methamphetamine, cocaine, ecstasy, prescription 
drugs, heroin, crack cocaine and prostitution.

The defense, prosecution and judge all counseled young friends of the 
victim and of the juvenile about the dangers of drugs.

"I don't think when Erica and [the juvenile] were using drugs did 
they think one of them would end up dead," Shekita said.

After the trial Monday, friends and family described Hicks as 
energetic and athletic, a catcher on the girls' softball team and a 
cheerleader. "She had turned her grades around and wanted to go to 
college," said her mother, Kimberly.

The defense argued again Monday that there was no evidence the boy 
had given Hicks ecstasy and that prosecutors had failed to prove that 
any single drug had killed her. Instead, the defense said, Hicks was 
exhibiting symptoms of bulimia and had drunk about 60 cups of water 
in the hours before her death. Both conditions could have triggered 
the seizure she suffered Oct. 2 that led to her death.

Moreover, the defense said Hicks was a regular drug user who relied 
on a variety of sources, including her mother, who smoked pot with 
her and gave her alcohol the day before she died -- a point not lost 
on the judge.

"Your conduct on that day is something that you will have to take to 
your grave," Croom said.

But Shekita said the defense slandered Hicks because her prior drug 
usage was the only evidence it had. "She was a teenager, a daughter, 
a sister and a student," Shekita said. "To suggest a prostitute can't 
be raped or a drug dealer can't be murdered is contrary to our system 
of justice."

Teen's Role

Prosecutors argued that the methamphetamine and traces of cocaine 
were in Hicks' body because the ecstasy the juvenile gave her may 
have been cut with cocaine or methamphetamine. Shekita said the 
juvenile was solely responsible for giving Hicks the lethal mix of drugs.

"By his own admission [the youthful offender] said, 'I gave her the 
ecstasy,' " Shekita said. "When he was asked: 'Was there any other 
source?' his answer was 'no.' "

Croom ultimately found, however, that the prosecution failed to meet 
the burden of proof for second-degree murder, which includes malice, 
and he decided on the lesser charges.

After reviewing the youthful offender's record of misdemeanor 
offenses that include skateboarding on school grounds and possession 
of alcohol, Croom also had stern words for his father.

"We could have stopped this train," Croom said. "We could have 
stopped this train a long time ago."
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MAP posted-by: Beth Wehrman