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Aug. 01, 2007
Gibbons gets life sentencePAROLE POSSIBLE AFTER 40 YEARS
By CHRISTINA EICHELKRAUT
Tyler Aaron Gibbons, 17, was sentenced to life imprisonment with the possibility of parole in Pahrump Fifth District Court Monday. He was convicted last May of first-degree murder with use of a deadly weapon. The young man, 15 at the time, shot Anthony Risko on the victim's 12th birthday June 8, 2006. Gibbons said he hopes he may win his release someday. Because of the deadly weapon enhancement, the sentence was automatically doubled, meaning the earliest Tyler Gibbons will be eligible for parole is after 40 years behind bars. A single charge allows for parole eligibility after 20 years. (Although court documents have consistently referred to the convicted youth as "Gibbens," his father specified in court that "Gibbons" is correct. Gibbens, however, has spelled his last name both ways.) The emotional sentencing hearing, in which witnesses spoke on behalf of the both the victim and the defendant, became a lengthy litany of the heartbreak, pain and anger suffered by both families involved in the tragic course of events that resulted in Risko's death. Gibbons' defense attorney, Tom Gibson, argued that due to his client's young age at the time of the crime and the circumstances surrounding the crime, a life sentence without the possibility of parole was unreasonable. "Mr. Gibbons is still a very young man, not having had the chance to do anything with his life up until this point," Gibson pointed out. "And given the fact of his age and circumstances surrounding the shooting, justice would expect and demand that he at least be given the opportunity at parole." Wendy Planck, a guidance counselor at Rosemary Clarke Middle School, said that on the occasions she had worked with Gibbons, she found him to be a "quiet, respectful, young man, concerned about his future." Planck added that on one occasion Gibbons had come to her and asked her to intervene in an incident involving students in hopes of deterring a fight. Jerry Gibbons, the guilty youth's father, also took the stand. He conceded that his son needed to be punished for his crime, but pleaded that the court give him parole. "Me and Tyler have had this discussion," Jerry Gibbons said. "He knows that what's happened he's responsible for and he knows he needs to be punished, but I don't think his whole life needs to be taken away from him." The father then asked the court to address the Risko family. "I know it's devastating to you, I know you got so much anger you can't even stand it, and I understand that," Jerry Gibbons told Dawn Risko, the victim's mother. "(Tyler) is going away from me for a long, long time, but someday he's coming back to me, hopefully, so I know yours has got to be even worse ... And I wish there was something I could do, Tyler wishes there was something he could do, but we can't, except pray for you and hope." The father then implored the mother to try to find forgiveness and relinquish some of her anger. "I told (Tyler) you're never going to get over this, but hopefully someday, with God's help you can forgive yourself, God can forgive you, and you can get past it," Jerry Gibbons said. "And that's what I hope for you and that's what Tyler hopes for you." The father then went on to say that specific circumstances of the shooting, of which he read Dawn Risko was having nightmares about, never actually occurred, and asked her "to remove that from your heart." The guilty youth addressed the court next, echoing his father's sentiments. "What I did was stupid," Gibbons said. "All I can say is that I'm sorry, to the court, to the family, from the bottom of my heart, I never wanted this to happen." After a long pause, the defendant added, "I can't even explain how badly I feel. Anthony was one of my friends, and I would have defended him in any way. All I'm asking is that you give me the chance of getting out one of these days." Dawn Risko took the stand next, carrying an urn with her late son Risko's ashes. The bereaved mother told the court about a young boy who loved to fish and ride his dirt bike, loved his dogs, and who dreamed of surfing in Hawaii and becoming a professional motor cross racer. Her son, his mom said through sobs, was protective of his little sister Brittney, who wears his clothes now to feel close to the brother she lost. "Anthony is gone, but nothing can take the love and memories of his short life," his mother said. The mother also testified that Anthony Risko was the last male of the Risko family tree, and there would be no one left now to carry on the Risko name. She also testified that her son's organs were donated and had helped to save lives. "He did not hurt lives, he saved many lives," Dawn Risko said, adding that he'd been honored by a New Jersey police department for helping another individual. "My life has not been the same since that horrible day," Dawn Risko said of the shooting. "I have nightmares every night, it's hard to function at work, I get through ... It's hard." Indicating the silver urn that sat on the witness stand, Dawn Risko told Gibbons, "My son is here now, I have to see him every day here, instead of being able to hug him, love him, and show me joy of his life." Dawn Risko added, "Tyler, I hope when you hear your prison cell door close every night and day that you hear Anthony ... crying for you to stop as you try to sleep at night." "You take someone's life, you should not have a life," the mother said, prior to asking the court that Tyler Gibbons be sentenced to life without parole. Judith Campion, the victim's grandmother, testified next, placing a framed picture of her grandson on the stand and echoing the grieving mother's words. "We have mourned deeply and will never be the same again," Campion said. Prior to sentencing Tyler Gibbons, Judge Robert Lane explained his decision to the grieving family members in the gallery. "I have taken into consideration the totality of the evidence, the intent of the defendant, and the recklessness of his actions and compared them to other types of crimes of this nature that are committed," explained Lane. "In seeking to do what I have taken an oath to do, which is to balance justice and mercy, to do the right thing in this matter, I'm not omniscient, and I pray frequently that I make the right decision." In addition to the life sentence, Tyler Gibbons was ordered to pay restitution of $5,805.88, which could be increased up to $35,000, as well as court fees. |
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