THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, January 18, 1995 TAG: 9501180449
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 96 lines
Toronto McCall Jr., 16, flanked by two lawyers on Tuesday, stood in a Navy blue jail jumpsuit and white sneakers, and pleaded guilty to crimes that could bring him two life terms plus 13 years.
A few rows back in the courtroom sat his father and namesake, Toronto McCall Sr., regretting that he couldn't have prevented what happened. That he couldn't have been a better father.
``Sometimes I sit down and cry at night and say, `I wish I could have another chance with him,' '' the father said later.
The younger McCall, who originally was charged with capital murder, pleaded guilty to first-degree murder, robbery, conspiracy and use of a firearm in the shooting death of 19-year-old Norview High School student Brian Garland in March. Circuit Judge Alfred W. Whitehurst set sentencing for April 18. McCall's co-defendant, Clusbie Eaddy, faces trial April 3.
Andrew A. Protogyrou, one of McCall's defense attorneys, said he plans to ask the judge to impose an indefinite commitment to the Department of Youth and Family Services rather than prison time for the youth. McCall was 15 at the time of the offense.
``The judge can still consider sentencing him as a juvenile,'' Protogyrou said. ``You are dealing with a child and a child's mind in this case.''
Toronto McCall Sr., 37, also hopes the judge will sentence his only son as a juvenile.
``I don't think I could sleep nights if he was anywhere but there (in a juvenile facility),'' the father said. ``. . . I don't think he could handle himself in prison.''
The hearing was another opportunity for the elder McCall to reflect on what went wrong in his son's life, and to accept some of the responsibility.
He admits that he was addicted to cocaine and wasn't able to meet his son's emotional needs for about eight years. He's been straight for about six years, he said.
The father said he separated from his son's mother in 1986. Marna McCall, the boy's mother, also was in court on Tuesday to support her son.
She agrees that her estranged husband was not there for his son and two daughters, now 12 and 14.
``My bitter feelings toward him are that he wants to be this father he never was,'' she said. ``It's too late. Look what has happened.''
What bothers the elder McCall most is that he thinks he could have made a difference if he had been around more during his son's teen years.
``If I was there, I know it wouldn't have happened,'' he said. ``If I could take his place, I would. Let him out. Let me go.''
His son was living with his mother at the time Garland was killed, McCall said. He simply got mixed up with the wrong crowd.
McCall said he talked to his son several times a week then and that his son sometimes stayed with him. They played Nintendo, talked and went to the beach.
The two were so close in age that they could relate almost like brothers, the father said.
``I was making sure he stayed in school,'' he said. ``I would tell him, `It's OK to hang out, but watch yourself. Trouble finds young guys.' ''
But it didn't seem to be enough. The father knows he wasn't always there for his son and understands that's one reason the boy became so close to his half-brother. The younger McCall claims his half-brother told him to rob Garland, who supposedly had $600. The half-brother was not charged.
In his statement to police, the younger McCall said: ``My brother told me to go in the house and get the gun and go rob him.'' He claims he took Garland's gun, beeper and wallet, but never saw the $600 it was supposed to contain.
The father described his son as a follower.
``He looked up to his brother,'' the elder McCall said. ``(The brother) was a football player in high school. The girls looked up to him. My opinion is he really didn't have anybody else to look up to. If he wanted time, I wasn't there. He did whatever his brother said to do.''
McCall regrets squandering the fruits of his labor on drugs. He works long hours emptying hazardous materials from gas tanks and other containers, mostly on Navy ships.
``I've lied, cheated and stolen,'' he said. ``I got tired of it. I'm through with it. The only way now is with Jesus and I know it.''
McCall said he wants to be there for his children now. So far, that effort has included attending each of the half-dozen recent court hearings for his son.
If he could have another chance, McCall said he would try to show his son a better life.
``I would take him away from here,'' he said. ``But you can't run from it. I'd try to give him a better outlook on life, motivate him better than I did. I wish I had the chance to show it to him again.'' ILLUSTRATION: Color photo
MARTIN SMITH-RODDEN/Staff
Toronto McCall Sr. holds a photo of his son, who pleaded guilty to
murder Tuesday. He regrets not providing more guidance for his son.
KEYWORDS: MURDER SHOOTING ROBBERY TRIAL
VERDICT INTERVIEW by CNB