2 tearful apologies

EVERETT — In the end, the length of the sentence didn’t matter as much as the sincerity of the apology.

Two 16-year-old Arlington boys pleaded guilty Friday to one count of malicious harassment for burning a cross in the front yard of a black family’s home on March 24.

The boys, who are cousins, each shed a few tears as they apologized.

"I’d just like to say that I’m very sorry," one said, pausing to stifle a sob, "for what I did."

His cousin referred specifically to the family when he spoke in court. Three of the nine-member family, Pastor Jason Martin, his wife, Charmaine, and his 17-year-old son, Tyshaun, were seated behind him.

"I would like to apologize to the whole Martin family and to the community of Arlington," he said.

Family members of each boy declined the opportunity to speak on their behalf.

The Herald does not generally identify minors who are charged in juvenile court.

Judge Gerald Knight sentenced the boys to the state maximum of 30 days in jail, including the 20 days they have already been detained.

He also ordered 72 hours of community service and nine months of community supervision, as well as a $100 fine. He ordered the boys to stay away from the Martin family unless contact is specifically initiated by the Martins.

Jason Martin originally told the court in a letter that the state maximum sentence of 30 days "did not seem like a stiff enough sentence for a crime like this."

But after the sentencing, he changed his mind.

"In seeing and hearing both boys express their remorse, I’m fine with it," Martin said.

One of the boys wrote Martin a letter from jail. County officials delivered the letter to Martin just before the hearing began. He read it, then passed it to his wife and son. The words drew tears.

"It was a pretty moving letter," Martin said after the hearing.

"He was very apologetic for what happened. He said he had really been giving a lot of thought to what he had done. He also said, in some way, he was glad it happened, because he needed something to open his eyes to where he was going," Martin said. "It was moving to hear that he felt that way."

Martin reiterated his wish to meet with the boys.

At the hearing, the judge’s message was stern.

"There are certain offenses, this being one, offenses of hate against a race, that may be forgiven but cannot be forgotten and never tolerated in a civilized society," Knight said.

He suggested but did not order the probation officer to have the boys research the history of intimidation and lynchings of blacks as part of their community service.

The judge granted a request from the boys’ attorneys to allow them to contact each other after they are released. Separating them would be "too harsh," given that they are relatives, he said.

But Knight refused requests to reduce the charge from a felony to a gross misdemeanor. That would have allowed them the chance to eventually erase the crime from their records if they stayed out of trouble. The boys’ attorneys argued unsuccessfully that they deserved that chance.

"I’m not going to give them the opportunity to have this taken off their record," Knight said. "There’s just certain acts that follow you around for a long time, if not forever."

Tyshaun Martin said students at Arlington High School have been supportive, even some who had been involved in what he called "racist activity."

Charmaine Martin worried about the effects on her daughters, who are 7 and 8 years old.

"I don’t want my daughters tiptoeing around, being afraid to go out and play," she said.

The judge warned the boys that he would hold them accountable if further incidents occurred, because their crime could be seen as indirectly inciting others.

In a softer tone, though, Knight also said he had heard a lot of apologies during his career.

"I do believe that these juveniles are sincere in their apologies, that they feel sorry," Knight said. "I hope that I’m right."

Reporter Scott Morris: 425-339-3292 or smorris@heraldnet.com.

DAN BATES / The Herald

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