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death penalty. Mr. Ailes| {gn Mr. Dmmine bs oneSubway Slayer's Accomplice, 17, Is Sentenced to 8 Years in Prison
By CHARLES KAISER
New York Times (18:
pe. Al6
urrent file); Aug 2, 1978; ProQuest Historical Newspapers The New York Times (1851 - 2¢
Subway Slayer’s Accomplice, 17,
Is Sentenced to 8 Years in Prison
By CHARLES KAISER
Herman Spates, the 17-year-old accom-
Plice in one of two subway murders com-
mitted by Is-year-old Willie Bosket,
Pleaded guilty to manslaughter. charges
yesterday and was sentenced to 8 1/3 to
25 vears in nrison.
Mr. Spates is a cousin of young Bosket
and was with him when the 15-year-old
shot and killed Moises Perez last March
27 during a robbery in the last car of a
Seventh Avenue IRT train traveling from
135th to 148th Streets.
He was indicted on second-degree mur-
der charges but the Manhattan District
Attorney’s office agreed to permit him to
plead guilty to the lesser charge of man-
Slaughter in return for his testimony
against his cousin.
Acting Justice Irving Lang of Criminal
Court in Manhattan said from the bench
that it was “anomalous” that Mr. Spates,
who he called the “nonkiller,”” was re-
ceiving a much longer sentence than his
cousin, who as a juvenile could only be
sentenced to a maximum of five years
under the law pervailing when he com-
mitted his crimes.
News reports of young Bosket's sen-
tence led Governor Carey to abandon his
longtime opposition to trials of juveniles
in State Supreme Court for serious of-
fenses,
Under the bill the Legislature subse-
quently passed and the Governor signed
into law last month, defendants as young
as 13 who are accused of murder can be
tried in State Supreme Court and receive
sentences of seven years to life. That law
takes effect on Sept. 1.
Governor Carey’s decision to endorse
adult trials for youths accused of violent
crimes was seen as a way of defusing the
political issues some of his Opponents
have made of his opposition to the death
penalty. ~
Judge Lang said he hoped the new law
would act as a deterrent to “young people
who think they can commit serious
crimes with virtual impunity.” He said
fewer crimes rather than longer: sen-
tences could be the new law’s “ultimate
benefit.””
When Mr, Spates was first brought be-
fore Judge Lang yesterday morning, he
said, “‘I want my plea back because I
don’t like what I'm being offered.”
The justice told the defendant he could
withdraw his guilty plea and go to trial,
but he warned Mr. Spates that he could be
sentenced to 15 years to life in Prison if he
was convicted of the more serious second-
degree murder charge. After further con-
sultations with his lawyers, Mr. Spates
returned to the courtroom in the after-
noon reinstated his plea of guilty to the
manslaughter charge. Justice Lang then
Pronounced sentence.Freed Killer Guilty
In Assault Case
Willie Bosket Jr., whose slaying of
two subway passengers in 1978 led to
stiffer penalties for juveniles who
kill, was convicted yesterday in State
Supreme Court in Manhattan of at-
tempted assault.
Mr. Bosket, who said he had com-
mitted the murders ‘‘for the experi-
ence,’’ was arrested last March and
accused of trying to rob and assault a
T2-year-old man at knifepoint in a
Harlem apartment building lobby.
The crime took place about three
months after Mr. Bosket completed a
five-year term for the murders.
Mr. Bosxet, 22 years old, could get
seven ye s on the attempted-assault
charge. Tic jury acquitted him of a
charge 0° a'tempted robbery. Sen-
es ae | ~wHRharaAsalian Sax fants 18The
New
pg. B2
The
Region
Bosket Recaptured
After Goshen Escape
New York State authorities yester-
day reported the escape and recapture
about two hours later of 16-year-old
Willie Bosket, whose involvement in
two New York City subway murders
persuaded Governor Carey to endorse
the idea of adult trials for violent juve-
nile offenders. Young Bosket escaped
along with nine other inmates of the
Division of Youth’s detent iin center for
boys at upstate Goshen.
The authorities said one of the youths
set upon a security guard Monday night
with a mop handle, seized his keys and
was joined by the others in escaping.
All were taken back into custody fol-
lowing a state police search of the vi-
cinity, authorities said. The Bosket
youth had beer sentenced in Manhat-Man Whose Killings
Led to Tougher Law
Is Convicted Again
KINGSTON, N.Y., Feb. 21 (AP) —
Willie Bosket Jr., whose five-year sen-
tence for two subway murders led New)
York State to toughen its penalties for)
juvenile violence, was found guilty to-
day of attempted murder in the 1988
stabbing of a prison guard.
The 26-year-old inmate — who de-|
fended himself and told the jury that he
was a “monster” spawned by the legal
system — was convicted of first-degree
attempted murder, first-degree as-
Sault, third-degree criminal possession.
of a weapon and first-degree promotion!
of prison contraband.
Mr. Bosket stabbed the guard, Earl
Porter, with a homemade knife on!
April 16 at the Shawangunk Correc-
tional Facility in Wallkill.
Sentencing is scheduled for March
21. Mr. Bosket is serving 25 years to life
for assault and arson in cases that
came after the subway killings, plus
three years of a previous sentence. He
now faces a minimum sentence of 15
years to life and a maximum of 25
years to life in the attempted-murder
case. The new sentence would have to
be served consecutively to the term he
is already serving.
Mr. Bosket admitted in court last
week that he stabbed Mr. Porter and
said his only regret was that he had
failed to Kill the guard. Mr. Bosket said,
he hoped to use the trial to expose what}
he said was the dishonesty of a legal
system that made him a “monster.”
Mr. Bosket gained notoriety in 1978
as one of those whose cases prompted a
change in the way the state treats vio-
lent juveniles. In March of that year, he
killed two New York City subway
2/22(?94[ols9
Bosket is Charged
in Jail-Guard Attack
WOODBOURNE, Wille Bosket
has n
Wiech es charged with
assauit after hitting a prison guard
with a chain Tuesday, officials said
yesterday. Mr. Bosket was being led
from his cell in the state prison here
to an exercise yard, a spokesman for
the Correctional Services Depart-
ment, James B. Flateau, said.
Mr. Bosket removed a restraining
chain from his waist to hit the guard,
Mr. Flateau said. ‘‘He then ran into
his cell and closed the door,” the offi-
ciai added. The guard required
stiches to close a six-inch head Jacer-
ation, Mr. Flateau said.
Mr. Bosket is serving 28 years to
life for assault and arson and for
being a persistent felon. He faces an
additional 15 years to life when he is
sentenced April 19 for attempted
murder, He was convicted of stabbing
a guard last year at the Shawangunk
prison.
In 1978, Mr. Bosket, at the age of 15,
murdered two men in robberies in the
2, cal Se ee hey. ais. he ae| Lezendizing Himsett’
With No Way Out,
|He Blames Prisons
; Donald Williams, the Ulster County
assistant district attorney who tried
the case, feels the stabbing ‘was just
another attempt to gain attention.”
“He knows he’ll never get out of
prison, so he's attempting to legendize
himself,” he said.
This explains Mr. Bosket’s strategy
at the trial, Mr. Williams suggested, in
which Mr. Bosket admitted in his open-
ing statement that he had stabbed the
guard, Ear! Porter.
“Tam telling you that the only regret
Willie Bosket has is not killing Earl
Porter,” he told the jury.
“I am going to show you why and I
am going to show you why Willie Bos-
ket is coming to hate this system.”
Mr. Williams and prison officials
wonder what the system can do with a
prisoner like Mr. Bosket who continues
to commit crimes in jail? Mr. Bosket
does not took dangerous — slightly
built at § feet 9 inches and 150 pounds,
he has a handsome, dimpled face.
But, according to one Ppresentencing
report, since 1984 Mr. Bosket has set
fire to his cell seven times, attacked his
guards nine times and attempted sev-
eral escapes, He has made many crude
knives, thrown feces at guards and
swallowed light fixtures and mattress
springs to make himself sick.
After he set his cell afire in 1986 and
assaulted a guard who came in to put
out the blaze, he was found guilty of
being a “persistent felon.”
Normally, for the fire and assault, he
would have received 314 to 7 years. But
as a persistent felon, he got 25 to life.
There was irony in this, said James
the
3[2e (99Youth Held in 2
Murders Asked For Pl
By CIIARLES KAISER,
ment in a Foster Home
New York Times. (1857-Current file); Sul 20, 1978; ProQuest Historical Newspapers The New York Times (1851 -7
pg. B2
Youth Held in 2 Murders Asked
For Placement i
na Foster Home
By CHARLES KAISER
One month before 15-year-old Willie
Bosket killed two subway passengers and
seriously wounded a subway motorman,
he asked to be placed in a foster home
outside New York City, the director of the
State Division for Youth said yesterday.
The director, Peter B. Edelman, con.
firmed that this had happened after an
upstate legislator charged on the floor of
the Assembly that because of “bureau-
cratic garbage” young Bosket had not
been sent to the foster home before he,
committed the murders.
Mr. Edelman denied the charge by
Assemblyman Arthur 0. Eve, Democrat
of Buffalo, that bureaucratic red tape
was responsible for the delay, although
he conceded that ordinarily there was a
one-month period necessary to certify
anyone who volunteered to be a foster
parent.
Volunteer Offered Home
The director said an employee of the
| Upstate Brookwood Center had volun-
| teered to be the Bosket youth's foster par-
ent and he was scheduled to be moved to
her home ae week after the two murders
occurred in late-March.
The Bosket youth had been released
from the Srookwood Center six months
before he committed the two murders.
Because he was released over the objec-
tions of some of the center's employees,
Governor Carey said there had been ‘“‘a
breakdown of the system’ and ‘‘the|
blame is squarely on the shoulders’’ of
the Division for Youth.
Mr. Eve charged that the Basket youth
had agreed to fo to the foster home be-
cause he was afraid he might go insane.
Mr. Edelman said, “'I think that’s an in.
ference," adding, “he had problems in
terms of his adjustment to the communi-
»-"" and therefore needed to be moved
Out of the city.
“The ultimate result was a terrible
tragedy," Mr. Edelman said.
No Remorse Shown by Youth
The Bosket youth showed no remorse
when he was sentenced Jast month in
3amily Court in Manhattan toa maximim
five years in either a “secure” or residen-
tial facility. Court officials described him
as both ‘‘cold-blooded and an avid read-
er
His highly publicized case resulted in
an abrupt reversal of Governor Carey's
Position on the prosecution of youths
under the age of 16.
The day after the Bosket youth's five.
year sentence was announced, the Gover-
nor said for the first time that he would
support giving prosecutors the discretion
to try juveniles in adult courts if the
Legislature approved money tor his other
suggested improvements in the criminal
justice system.
Under the crime package passed yes-
terday by the State Legislature, juveniles
accused of murder and some other vio-
lent crimes would automatically be tried
in State Supreme Court untess the prose-
cutor and judge agreed to send their
cases back to the juvenile court,