7-year-old's killer gets 60 years to life. He asked for a longer sentence.-DB Wealth Institute B2 Reviews & Ratings
- Abdullah O. Ismael, 20, was sentenced to 60 years to life for the April 2022 drive-by shooting death of 7-year-old Antonio "Espn" Yarger Jr., a killing that traumatized Erie, Pennsylvania
- Ismael was 17 at the time of the murder, was tried as an adult and requested a life sentence without parole
- Ismael was convicted of first-degree murder under the theory of transferred intent, as he was targeting a rival gang member and not Antonio
A 20-year-old from Erie, Pennsylvania, who killed a 7-year-old boy in a gang-related shooting nearly got his wish that a judge sentence him to life without parole.
The defendant, Abdullah O. Ismael, who was 17 when he killed Antonio "Espn" Yarger Jr. in 2022, was instead ordered in Erie County Common Pleas Court to serve 60 years to life in state prison for his conviction for first-degree murder.
Ismael, who was tried as an adult, had demanded that Judge John J. Mead sentence him to life without parole to prove how sorry Ismael said he was for the murder and the anguish that it caused Antonio's family.
"It was never in my heart to kill anybody, especially Antonio, especially a kid," Ismael told Mead as he asked for the sentence of life without parole. "I am so sorry."
Mead stopped short of granting the request. He explained that the Pennsylvania appellate courts generally discourage sentences of life without parole for defendants convicted of first-degree murder for killings that occurred when they were juveniles.
Mead said a sentence of 60 years to life — in which Ismael will not be eligible for parole until he is around 80 — was appropriate for a murder that shocked Erie and amplified calls to curb youth and gang-related violence that spiked during the pandemic.
"This case is a tragedy. It affected so many people here today," Mead said to the courtroom gallery crowded with friends and relatives of Antonio and Ismael.
Across the country, the number of homicides committed by children has risen dramatically, jumping 65% − from 315 in 2016 to 521 in 2022, USA TODAY has reported. Gun-related crimes by juveniles also increased 20%, prompting concern among experts and calls for more prevention efforts.
Juvenile gun violence:How a 'horrible perfect storm' fueled a 65% increase in homicides committed by kids
Shooter convicted under transfer-of-intent theory
Ismael was targeting a rival gang member, not Antonio, in a drive-by shooting on April 14, 2022. Antonio — he was nicknamed "Espn," after the sports network, for his love of sports — was shot in the head as he was walking with friends on the sidewalk near his house just south of Rodger Young Park in Erie at about 7:40 p.m.
"It happened because you were hunting a rival gang member," Mead told Ismael. "Some young man or boy would have died one way or another."
Ismael faced a mandatory minimum sentence of 35 years in state prison for committing a premeditated homicide as a juvenile. If he had been an adult, he would have received a mandatory sentence of life with no parole.
The prosecutor, Chief Deputy District Attorney Jeremy Lightner, argued at trial that Ismael was guilty of first-degree murder under the theory of transfer of intent. He said Ismael fatally shot Antonio when he intended to kill the rival.
The jury agreed. The panel concluded a four-day trial by convicting Ismael of first-degree murder after deliberating for about two hours on Aug. 23.
A dream and a nightmare
Lightner asked Mead to give Ismael at least 77 years, a sentence in line with another recent case in which a defendant in Erie County was convicted of first-degree murder as a juvenile.
For taking the life of an innocent child, Lightner said, Ismael deserved a sentence long enough to be tantamount to a life term with no parole.
"There is so much sadness in this courtroom," Lightner said. "All of that sadness exists because of Abdullah Ismael."
Remembering a 7-year-old:Obituary for Antonio "Espn" Romellz Yarger, Jr.
"Antonio is the dream of how we want our kids to be," Lightner also said. "Abdullah is the nightmare. He is an example of what happens when you don't care for the community."
Ismael's lawyer, Eric Hackwelder, asked for a sentence of no more than the 35-year mandatory minimum. He said Ismael was immature and impulsive when he killed Antonio, but that he can change.
Ismael, a native of Iraq, came to the United States when he was 3. As a teen, Ismael became involved with drugs and friends who were poor influences, Hackwelder said.
"I think the streets got a hold of him," he said.
He argued against a sentence of life with no parole. Abdullah's request, Hackwelder said, "is not in his best interest."
'Here I am, asking for forgiveness'
Ismael testified as the only defense witness at his trial. He said the killing was an accident. He said he intended to fire at the ground when the car in which he was riding made a sudden turn and caused him to shoot wildly.
Ismael reiterated his accidental-shooting claim last week as he apologized to Antonio's mother and other family members.
At the end of his speech, he described himself as "young, dumb and lost" but so sincere in his remorse that he wanted a sentence that would keep him in prison until he died.
"Here I am, asking for forgiveness for all my wrongs," Ismael said to Mead, "and I am asking you to sentence me to life."
Contributing: N'Dea Yancey-Bragg, USA TODAY.
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