THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 15, 1994 TAG: 9410150193
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: HOPEWELL LENGTH: Medium: 94 lines
The 10- and 11-year-old brothers charged with pouring gasoline on a 3-year-old neighbor and setting him afire last month are ``not innocent,'' a judge ruled Friday in a case that has attracted national attention and created tensions in this working-class town.
Juvenile Court Judge Sam Campbell made his decision following an emotional three-hour hearing that was closed to the public and the media. Most of the witnesses were children.
In the courtroom was the victim, Tony Dillhoff, who suffered burns over much of his body on Sept. 19, and several of his family members.
The brothers were found not innocent of maliciously causing bodily harm. The 11-year-old could be committed to the Department of Youth and Family Services until he is 21.
Because Virginia law specifies that a child must be 10 or older to be committed to the department, the younger brother, who was 9 at the time of the offense, does not fall under the department's jurisdiction, according to the state attorney general's office. Among the sentencing options for him are treatment, counseling and intensive probation.
If the boys had been adults, the charge would be punishable by 5 to 20 years in prison. A second charge against the boys, malicious wounding by means of a caustic substance, was dismissed.
Sentencing is set for Jan. 6. In the meantime, the 11-year-old was returned to the nearby Crater Juvenile Detention Home, where he has been confined since shortly after the crime. The younger boy returned home with his mother. He has been under house arrest and under intensive supervision, with juvenile authorities making unannounced visits.
The day in court left Tony Dillhoff's father, Tom Parmer, disappointed.
``The one boy's home,'' Parmer said. ``He got found guilty, but he's home with his mother. The week after it happened, he turned 10. What good is it finding him guilty if he's not going to be in jail or a detention center?''
The family of the brothers charged in the burning had angry words for the media and declined to comment on the judge's ruling. In an earlier interview, the boys' mother said her sons were not involved.
``The court has found this was not an accident,'' said Hopewell Commonwealth's Attorney John C. ``Jack'' Gould. He said at least one of the brothers, the 11-year-old, ``had a prior rift with the 3-year-old.''
Gould would not elaborate. But Chris Bentley, a 12-year-old who lives in the neighborhood, said in an interview late last month that the brothers were angry at Tony because the 3-year-old had ``snitched'' on them for beating up another child.
Bentley was called as a witness Friday, but the details of his testimony were not made public.
On the afternoon of the incident, about 10 children were playing with a volleyball in an alley behind Tony's house. Children regularly gathered there to play. Witnesses said the two brothers splashed gasoline on the ground and on Tony then ignited it.
On Friday, the brothers pleaded innocent and both testified in their own defense. The older boy cried on the witness stand, and both boys sobbed after the judge rendered his decision, according to courtroom observers.
``The kids were very upset because they felt they were innocent,'' said Stephen Hewlett, the court-appointed attorney who represented the older boy.
``In a situation like this, where you have a case that's been in the press like this one, (the situation) can't help but be tense,'' he said. ``This has been in the public eye all over the United States.''
Tony, his mother and his two brothers, who rescued him, appeared recently on ``Good Morning America.'' The case has been the subject of stories in the national press.
Hewlett said he is not currently planning to appeal.
On Friday, neighbor called neighbor in the City Point section of Hopewell where the incident happened place to pass on word of the ruling.
``I just feel justice has been served,'' said Tracy Parrick, who lives near both families. ``I wasn't surprised. There was too much evidence against them. I hope our town gets quiet again. This isn't the kind of stuff we need for excitement.''
Another neighbor, Rena Satterfield, said she wishes there was a way to make an exception and confine the 10-year-old.
``If the 10-year-old was just released to his mother, if I were her, I'd have my bags packed to leave,'' Satterfield said. ``I've heard so much talk about what people want to do. I'd hate to see it happen, because two wrongs don't make a right. I would feel sorry if something happened to that child.''
Tony's family members said they have received threats of their own. They have moved from the neighborhood since the incident.
``What's happening to kids today?'' Tony's father said at the family's new home. ``What the hell is going on? Kids killing kids. Kids setting kids on fire. When I was a kid, we fought with fists.'' ILLUSTRATION: Color photo by LAWRENCE JACKSON, Staff
Burn victim Tony Dillhoff of Hopewell.
KEYWORDS: CHILDREN VIOLENCE ASSAULT JUVENILE CRIMINAL by CNB