How Could You? Hall of Shame-Lance Tiernan and One Way Farm-Child Death UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Fairfield, Ohio, adoptee and One Way Farm group home resident Anthony Parker, 16, died on December 28, 2011 after Lance Tiernan, then 17, ” struck Parker in the head, then picked him up and slammed his head into the floor “on December 19, 2011. Unbelievably, One Way Farm employees did not seek care for him at all until they found him unresponsive in his bed later that evening during a routine bed check. He was then taken to the hospital and remained in critical condition until his death 9 days later. Because this was a group home with cameras, there is a video of the slamming. Fox News has published it. See the video here [Fox 19 7/11/12]. Sadly, no One Way Farm employee was even charged with any kind of negligence in this case. In fact, their website still proclaims that they are the 2011 Better Business Bureau’s Torch Award winner. Their slogan is “mending the minds, bodies and spirits of children”…well except for Anthony of course.

Toledo News Now in December 2011 says “The 17-year-old suspect was facing an aggravated assault charge and is being held at the Butler County Juvenile Detention Center. After consulting with the Butler County Prosecutor’s Office, the Fairfield Township Police Department charged the teen with murder. The prosecutor’s office also said that the death resulted from an attack against Parker, and not a fight as originally reported.

Officials at Fairfield High School say there will be a moment of silence to honor Parker when students return to class on Monday.

“Anthony enjoyed following some of the local sports teams.  He loved the Cincinnati Bengals and Cincinnati Reds,” said Fairfield Principal Billy Smith. “In class, he really enjoyed participating. He was a pleasure to have in class, and he was always willing to do anything he could to help others.  Anthony always smiled and seemed to be happiest when he was able to help others.”

The trial began Tuesday, July 10, 2012. Fox 19 says “”This defendant was aware of the facts and circumstances of what it is he did,” said Butler County Assistant Prosecutor Brad Burress.

But the defense claims that’s not true, and in his statement to police he was  “having a bad day, and Parker set him off” while arguing over a flashlight. The defense says Tiernan did not knowingly cause serious physical harm to Parker.

“It was not felonious assault and it’s not murder. I trust that after you hear all the evidence you will agree,” said Charlie Rittgers, Tiernan’s attorney.”

Toledo Blade says “Tiernan later testified that he never intended serious harm to Parker. He said he became angry when Parker told him no one cared about his problems and insulted his mother.”

The trial lasted until July 12, 2012. There was a quick verdict of involuntary manslaughter after a two hour jury deliberation.

Middletown Journal reports that “[r]ather than facing 15 years to life in adult prison [for a  murder conviction], he now could be sentenced to a maximum of 36 months, and his attorney says his punishment may be served in the juvenile system.

Judge Patricia Oney ordered a pre-sentence report and will impose sentence on Aug. 20.[2012]”

Middletown Journal continues “”When the teen, who was eight inches shorter than Tiernan, tried to scramble away, Tiernan bear hugged him from the back and threw him on his head.

The slow-motion view of the tape showed Parker’s head bouncing off the hard floor, and Tiernan delivered a final blow to the back of Parker’s head while he was lying on the floor.

During closing arguments on Thursday the jury learned they could choose between murder or two lesser offenses, namely involuntary manslaughter or reckless homicide.

Parker’s adoptive grandmother, Anita Smith, who has been critical of the group home for not seeking medical aid sooner, said the verdict brings closure. After the assault, Parker appeared fine. One Way Farm employees didn’t call medics or police until they found the teen unresponsive three or four hours later.[Again check out the lackadaisical response on the part of the worker who is next to Anthony in the video.]

Smith said she was hoping the jury would convict Tiernan on the murder charge.

“It’s not what we wanted, but that’s what the jury decided, so we’ll have to learn to live with it. … I feel we got some justice. At least he showed some remorse, which is the first time I’ve seen it.”

Tiernan took the stand in his own defense Wednesday and cried when he described the incident. He said he never meant to kill Parker and didn’t realize his actions could have led to this result.

Tiernan’s sister, Danielle Tiernan, said the verdict was a great relief.

“We’re happy with this outcome for him,” she said. “I was finally able to breathe.”

Prosecutor Mike Gmoser and Assistant Prosecutor Brad Burress left the courtroom without comment and could not be reached for their reaction.

Defense attorneys Charles M. Rittgers and Nick Graman hugged their client when the not guilty of murder verdict was read. Afterward, Rittgers said the jury picked the right option.

“This is a tragic case, it was tragic for Anthony’s family and also for Lance’s,” he said. “I think it’s a just outcome, and we’re happy with the verdict.”

At sentencing, there will most likely be a “reverse bind-over” to juvenile court, according to Rittgers. “The reason he was bound over to adult court was it was a mandatory bind-over for the murder charge,” he said. “Given he was convicted of something less, he has the opportunity to be heard in juvenile court to see if he is amenable for treatment there.”

Sources:

17-year-old charged with murder after fatal assault at children’s home

[Toledo News now 12/30/11]

Video of fight that killed Butler County teen shown in court

[Fox 19 7/11/12]

Closing arguments to begin in trial of Ohio teen charged with killing group home resident

[Toledo Blade 7/12/12 by Associated Press]

Teen guilty of lesser charge in beating death

[Middletown Journal 7/12/12 by Denise G. Callahan]

REFORM Puzzle Piece

 Closed head injuries of this obvious magnitude ALWAYS need immediate medical care. It is inexcusable that group home staff did not seek it!

Update: Contender for the worst sentence ever- 54 days in jail plus probation and community service for stomping on Anthony Parker’s head.

“The man who considered himself Anthony Parker’s father burst from a Butler County courtroom Monday screaming “Oh my God. He murdered my son” after a judge gave the boy’s killer 54 days in jail, probation and community service.

“I will never forgive Mr. Tiernan. I will hate him for the rest of my life,” Frank Smith said before Judge Patricia Oney sentenced Lance Tiernan on a charge of involuntary manslaughter.

Smith, who never returned to the courtroom, has two teenage daughters with Parker’s mother from a previous relationship.

Jurors found Tiernan not guilty of murder in July, but they did convicted him of involuntary manslaughter in the Dec. 19 beating death of Parker, 16, at One Way Farm in Fairfield Township.

Tiernan was charged as an adult with murder but since the jury tossed that charge, the case will revert to the juvenile system for a second sentencing hearing on involuntary manslaughter.

By law, Tiernan’s case was automatically bound over to adult court because of his age – 17 at the time of the offense – and the seriousness of the charge. The case automatically is sent back to juvenile court for a sentencing hearing because Tiernan was not convicted of the murder charge.

Defense attorney Charles M. Rittgers said a Butler County juvenile judge will review the adult court’s sentence and is supposed to mirror it.

Tiernan could be held in a juvenile prison until he’s 21, but that’s unlikely, Rittgers said. As an adult he faced up to three years in prison. He has been in jail for 246 days awaiting trial.

Being sentenced as a juvenile means the conviction won’t follow him as an adult when he applies for jobs or college, Rittgers said.

The hearing in juvenile court has not been set.

Beside the 54-day jail sentence, Oney ordered Tiernan to spend one year on intensive probation and to be monitored for drug and alcohol use for four years. He will have to perform 500 hours of community service and either get his GED or finish high school. Tiernan was a student at Mason High School before being arrested.

Tiernan told Oney Monday that he was sorry for what he did to Parker.

“Every day I ask God for forgiveness. I never wanted Andy to die. I never should have done what I did. It was stupid,” said Tiernan, who was placed at One Way Farm by children services because he had run away and none of his relatives would take him in.

Tiernan was 17 when he beat Parker in a violent attack at One Way Farm. Parker suffered a skull fracture and was later found unresponsive in his bedroom. He died nine days later when his adoptive grandmother, Anita Smith, removed him from life support.

Parker’s mother, Kathy Sulton, accepted the judge’s sentence.

“I guess he got what he wanted. I wanted more but … he got what the judge felt was right and I’m hoping he gets his life together and he meant what he said that he was remorseful. Only time will tell,” Sulton said.

She said she forgives Tiernan.

“The day that this happened in my heart I knew that he didn’t intentionally set out to kill Anthony. It’s just the grieving is very hard. Anthony was my first born and it’s just been a hard road,” she said.

Sulton said her 8-year-old son is in grief counseling and is having the toughest time dealing with his brother’s death. The boy has talked of wanting to kill himself so they could be together, Sulton said.”

54 days in jail? ‘Oh my God. He murdered my son’a>

[Cincinatti.com 8/20/12 by Sheila McLaughlin]

Of course, the entire staff at the One Way Farm gets off with no charges even though they did not seek medical help for HOURS.

Update 2: “Judge Patricia Oney sentenced Tiernan in adult court to 54 more days in the Butler County Jail and five years probation. She stayed the sentence and sent the case back Judge Ron Craft in juvenile court. His hearing was originally set for Friday, but an amenability assessment — to see if he is amenable to juvenile sanctions and treatment — wasn’t completed in time. The new court date is Oct. 22, but his 54 days, which started after the sentence was imposed in adult court, are up on Oct. 14.

Meanwhile, a new law takes effect Friday that says juveniles under the age of 21 must be housed in juvenile detention facilities, unless a judge deems them dangerous. So Tiernan could be transferred, according to Erin Davies, a public policy attorney with the Children’s Law Center.

“There is a new law going into effect Friday that makes clear that kids who are 18 to 20 and under the juvenile court system jurisdiction have to go to the detention center unless a judge sends them to jail,” she said.

Because Tiernan was already sentenced, Davis said, at the very least he can petition for a transfer.

One of Tiernan’s attorneys, Charlie M. Rittgers, is working on a motion to have Tiernan released after the 54 days. The problem would be if Craft deems Tiernan not amenable to the juvenile jurisdiction on Oct. 22 and his case goes back to adult court, then he would have served a longer sentence than was imposed in adult court.

Davies said most juveniles in Tiernan’s position, who are nearing the end of their sentence in adult court, just waive the amenability assessment.

“Most kids would rather serve out their time in adult court and just get it over with, without taking into account the effects of an adult court conviction,” she said. “So this case is kind of unique.”

Rittgers said waiving the juvenile court process would mean Tiernan would have an adult record.

“In Lance’s case we would like the case adjudicated in juvenile court so that he keeps a clean adult criminal record,” he said. “For obvious reasons we think this is the best option for the long term because a clean adult criminal record will help Lance with things like jobs and higher education.”

Assistant Prosecutor Jim Monk, who heads the juvenile division, said he could not comment on the active juvenile case.”

New law complicates group home manslaughter case

[Dayton Daily News 9/25/12 by Denise G. Callahan]

Update 3: “Convicted killer Lance Tiernan will be cut loose from jail Saturday because he’s served his 54 days, a Butler County judge said Monday.

Judge Patricia Oney, of common pleas court, said the only way Tiernan would remain incarcerated is if juvenile authorities want to hold him in jail until a sentencing hearing in that court on Oct. 22.

Defense attorney Charlie M. Rittgers said he doubts that will happen because the former Mason High School student will be on intensive probation and will be heavily supervised between the time he is released and when he appears for the juvenile court hearing.

Tiernan, 18, was tried as an adult for murder and faced life in prison in the December beating death of fellow resident Anthony Parker at the One Way Farm group home in Fairfield Township. Tiernan was 17 at the time of the offense.

A jury found Tiernan guilty of a less serious felony charge of involuntary manslaughter, which carries a maximum prison sentence of three years in prison .

Oney sentenced Tiernan to 54 days in jail and five years of probation.

However, Ohio’s Serious Youthful Offender law requires the case to be sent back to Butler County Juvenile Court so a judge there can decide whether to sentence Tiernan as a juvenile offender or allow the adult sentence to stand.

That’s what will happen on Oct. 22 before Judge Ronald Craft.”

54 days up for teen who killed fellow resident at group home
[Cincinnati.com 10/8/12 by Sheila McLaughlin]

Update 4: “When Lance Tiernan walks out of the Butler County Jail on Saturday he will go to live with one of his former Mason High School teachers.

Tiernan to be released into care of former teacher

[Dayton Daily News 10/8/12 by Denise G. Callahan]

“Once released, Tiernan will be on supervision for five years. That will include reporting to a probation officer, taking drug tests and anger management classes, doing community service or getting a job.”

“Parker’s adoptive father, Frank Smith, testified in court in August that he will never forgive Tiernan. “I will hate him every day for the rest of my life. No matter how much time you give him, it won’t be enough.”

Ohio teen guilty in group home death to be released

[The News Messenger 10/10/12 by AmandaLee Myers/Associated Press]

Update 5: I was informed in Rally mail that Lance Tiernan committed suicide on  July 19, 2017. The commenter said “He committed suicide last week. In case anyone ever questions his remorse, he thought about what he did every day of his life, making it impossible to focus on the future. He tried to be positive but as a kind hearted soul, the guilt consumed him.