Suspect in McDonough stabbing stays in adult system

Lawyer petitioned for juvenile placement

Friday, June 19, 2009

The therapist, Kenneth Truitt, expressed his opinion that Gary O'Neil Palmer, 16, of Waldorf would likely be responsive to treatment and recommended that his case be sent to juvenile court. However, Charles County Circuit Court Judge Robert C. Nalley ruled against the defense's motion to remand the case, saying that the allegations against Palmer are too serious for such a move.

"We can risk another shoplifting episode. We cannot risk another attack, if you will, another murderous attack," Nalley said.

Palmer was arrested Jan. 5 in the hallway of the Pomfret high school, where police said he was found standing over a girl and holding a knife, according to court papers. The victim had been stabbed at least once in the back.

Palmer told police he didn't know why he attacked the victim, but that he placed a knife in his book bag when he woke up and "said he was going to hurt someone today," court records state.

Defense attorney Robert Silberman said Palmer had been suffering from years of depression and suicidal thoughts and called the stabbing a "desperate attempt of Gary to obtain psychiatric treatment."

He said that although Palmer had been involved in a violent incident with a nurse since his arrest, the teen had improved greatly because of a subsequent change in his medication.

In juvenile court, Palmer would have access to the types of treatment services he needed, Silberman said.

"He's got a long way to go, but I think he's on the continuum to recovery," Silberman said.

But in Palmer's case, the risk to the community outweighs other factors when considering whether to send his case to juvenile court, Assistant State's Attorney Karen Piper argued.

"The key is his mental disorder caused him to be a threat to public safety both in a secure facility and outside," she said.

The juvenile system would have, at most, only four years to treat Palmer, and they may not be able to help him recover, the prosecutor said. Because of the seriousness of the case, the judicial system should oversee of when and how Palmer is released, Piper added.

"Maybe he'll be fine in four years, but what if he's not? His condition is very determined by what medication he's on. There's no guarantee he'll be ready to be released to society without any oversight," she said.

Nalley agreed that public safety was the primary issue in Palmer's case.

"In a shoplifting case, it seems to me that in that … your primary focus would probably be therapeutic. In today's case, frankly, I think that's incidental," Nalley said.

Palmer is charged with attempted first-degree murder, attempted second-degree murder, two counts of first-degree assault, resisting or interfering with an arrest and carrying a dangerous weapon on school property.

"Pray for us," said one of Palmer's relatives at the hearing, adding that the family didn't want to comment further on the judge's ruling.

brodgers@somdnews.com