Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, October 15, 1994 TAG: 9410170056
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: Associated Press
DATELINE: HOPEWELL LENGTH: Medium
Hopewell Juvenile and Domestic Relations Judge Sam Campbell convicted the two brothers, ages 11 and 10, of malicious wounding following a three-hour hearing closed to the public.
``They said they didn't do it,'' defense attorney Stephen Hewlitt said. ``They both cried'' when they were found not innocent.
The boys, whose names have not been released because of their ages, will be sentenced Jan. 6 after undergoing a psychological evaluation.
The 11-year-old could be kept in state custody until age 21. The 10-year-old's possible fate is less clear, because he was only 9 when Anthony Dillhoff was burned. A child must be at least 10 at the time of a crime for the state to incarcerate him in a juvenile correctional facility.
On Sept. 19, the boys attacked Anthony as the 3-year-old Hopewell boy was playing in a back yard. According to Hopewell police, the boys splashed gasoline on and around Anthony, ignited him and ran away.
Anthony was burned on 85 percent of his body. His life likely was saved by his two older brothers - Shane, 17, and Kenneth, 13 - who rolled him on the ground to smother the flames and then plunged him into a tub of cold water.
Commonwealth's Attorney Jack Gould said there was some evidence showing that the 11-year-old had a ``prior rift'' with Anthony. Gould did not elaborate.
Following the verdict, the 11-year-old was returned to Crater Detention Center, where he has been held since he and his brother were arrested Sept. 21.
The 10-year-old was placed under house arrest over the objections of Gould.
by CNB