Parking ramp murder sentence upheld

WAUSAU - Omer Ninham's sentence of life in prison with no chance for parole for tossing Zong Vang, 13, off the St. Vincent Hospital parking ramp to his death was upheld Tuesday by the state court of appeals.

Ninham was 14 when he and others knocked Vang off his bike, chased him up the ramp and then tossed him to the ground below, killing him. A just convicted him of first-degree intentional homicide. Brown County Judge J.D. McKay sentenced Ninham to life in prison without the chance for parole.

In its ruling, the Appeals Court notes the severity of the crime and Ninham's lack of remorse.

Some excerpts from the ruling:

"Omer Ninham appeals an order denying his postconviction motion seeking modification of his life sentence to allow for the possibility of parole. He argues:

(1) a sentence of life without the possibility of parole for a crime committed by a fourteen-year-old violates the Eighth Amendment prohibition against cruel and unusual punishment;

(2) regardless of the constitutionality of the sentence, it was unduly harsh and excessive;

(3) new scientific evidence regarding adolescent brain development constitutes a new factor justifying a sentence reduction; and

(4) he was sentenced based on consideration of an improper factor, specifically, the victim's family's belief system.

We reject these arguments and affirm the order.

...Ninham contends the rarity of a life sentence without parole for a fourteen-year-old renders his punishment "unusual" under the Eighth Amendment. He provides statistics of children who were arrested for murder or non-negligent manslaughter to establish that his sentence is unusual. Ninham's crime was unusual for its senseless and extreme brutality. When combined with his lack of remorse, his prior record and other crimes he committed while awaiting trial, his case is distinguished from other juveniles arrested for murder or manslaughter. Without a presentation of the circumstances of other juveniles' crimes, we cannot compare the sentences. The statistics Ninham provides do not establish that life without parole is a rare sentence for a juvenile whose crimes and character are comparable to his own.

...In context, the sentencing court's reference to the Vang family's religious beliefs did not constitute reliance on an improper factor. The court was commenting on Ninham's intolerance, as was demonstrated by testimony from Jeremy Whiting who was in the detention facility with Ninham before Ninham's trial. Whiting testified that a girl named Ger Quan Lee (phonetic) asked Ninham if he was the one who threw the little Asian boy off the parking ramp. Ninham responded "Yes, I threw that little (expletive) over the parking ramp. If you want to keep talking (expletive), I'll throw your little (expletive) over the parking ramp too." In this context, the record does not support Ninham's argument that the court gave improper consideration to the Vangs' or Ninham's religious beliefs."

Read the full ruling here.