KALAMAZOO (WKZO-AM/FM) — The Memorial Day shooting death of 13-year-old Michael Day in the Edison Neighborhood was a crime that sent a shock wave through Kalamazoo three years ago.
Judge Alexander Lipsey gave chronic juvenile offender Victor Garay life without parole for the gang-related murder, despite the fact that he was just 15 when he pulled the trigger. Lipsey said he wanted to send a message to others that violence will not be tolerated.
The Michigan Court of Appeals has now ruled that the sentence may have been excessive, and that Lipsey needs to meet new court standards for juvenile offenders and demonstrate that Garay is beyond redemption. At least one social worker was convinced at the time that rehabilitation was possible for the teenager.
The Supreme Court ruled just prior to that case going to trial that giving young offenders life without parole was cruel and unusual and unconstitutional unless in “rare” cases it could be shown that the teen could not be turned around.
The case has been kicked back to Judge Lipsey for reevaluation and resentencing. The Appellate judges upheld Garay’s conviction of murder as an adult, and the debate now is whether Garay will die in prison, or have a chance as a very old man of being released.
