THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, January 7, 1995 TAG: 9501070198
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: HOPEWELL LENGTH: Medium: 83 lines
The 10- and 11-year-old brothers charged with pouring gasoline on a 3-year-old neighbor and setting him on fire were placed on probation Friday, and the judge who sentenced them ordered them to attend fire safety classes.
The family of Tony Dillhoff, burned over much of his body Sept. 19, was outraged by the sentence in a case that has attracted national attention. Tom Parmer, the boy's father, said the sentence sends a message to other children that ``they'll be able to do it and get away with it.''
The older brother could have been committed to a correctional center until age 21.
Juvenile Court Judge Sam Campbell placed the 10-year-old on indefinite probation.
The older boy, who has been held at Crater Juvenile Detention Home since shortly after the crime, was given a suspended commitment to the Department of Youth and Family Services. He will be under intensive probation supervision.
The judge could not be reached for comment Friday.
``I guess any parent who went through this and then watched two people walk away would be upset,'' said Kimberly Dillhoff, Tony's mother. ``It hurts. I didn't want the kid put away for life. I at least wanted another year with counseling.''
Commonwealth's Attorney John C. ``Jack'' Gould also was unhappy with the sentence, saying he sought the maximum punishment for the older brother, which would have amounted to a 10-year sentence.
``Commonwealth's attorneys don't sentence, judges sentence,''Gould said. ``It's not unusual for a judge and a prosecutor not to see eye to eye.''
Because Virginia law specifies that a child must be 10 or older to be committed to the Department of Youth and Family Services, the younger brother, who was 9 at the time of the offense, did not fall under the department's jurisdiction. Sentencing options for him included treatment, counseling and intensive probation.
If the boys had been adults, the charge would have been punishable by 5 to 20 years in prison.
Kimberly Dillhoff said Tony still occasionally has nightmares about the day he was burned.
She left him with a baby sitter on Friday instead of bringing him to court, where she said he would have been reminded of the ordeal.
Although most of the physical scars are gone, the fears remain. He stays away from heaters. He is less trusting of playmates, she said.
The brothers, who are not being identified because of their ages, were found ``not innocent'' of maliciously causing bodily harm in October.
Witnesses had said the two brothers splashed gasoline on the ground and on Tony and then ignited it. But the boys have maintained their innocence throughout.
Kevin Clarke, the lawyer representing the 10-year-old, and Stephen Hewlett, representing the 11-year-old, said they considered the sentencing fair.
``I think in a case like this, it's especially difficult for the commonwealth, the court and the defense because it's such an emotional issue,'' Clarke said.
``The court has an obligation to look to the future. I think it's going to take a lot of understanding on the part of the community to understand all the dynamics of a case like this.''
Hewlett acknowledged that some people might take issue with the sentence imposed on his client, but the lawyer defended the judge's decision.
``(The older boy) was held in detention since September,'' Hewlett said. ``You've got to consider his age. He's never had any contact with the court except this.''
Neighbor Rena Satterfield said townspeople started talking about the sentencing as soon as the terms became public.
``I think everybody is very angry,'' she said. ``I'm sure they're being punished, but I don't think the punishment fits the crime. They almost killed a little boy, and (the court is) acting like they stole a bag of candy or something.''
Satterfield said more rehabilitation should have been required.
``They haven't learned a thing,'' she said. ``It sends the wrong message to everybody. This little boy hasn't had justice yet, only medical bills and pain and suffering.'' ILLUSTRATION: Tony Dillhoff's mother says he is now less trusting of playmates
after the Sept. 19 incident.
KEYWORDS: SENTENCING PROBATION JUVENILE FIRE by CNB