A school shooter who killed two children in 2001 could soon walk free after his life sentence was erased by a judge in a decision that enraged his victims’ families.
Charles Andrew ‘Andy’ Williams was sentenced to 50-years-to-life in prison for shooting dead Bryan Zuckor, 14, and Randy Gordon, 17, and wounding 13 more students and teachers at Santana High School, California, on March 5, 2001.
But Superior Court Judge Lisa Rodriguez ruled Tuesday that he could be resentenced based on a law which allows this provision for juvenile defendants who have served at least 15 years of a life without parole sentence.
Since Williams, now 39, was 15 at the time of the shooting, his case would be tried in juvenile court, meaning he could be freed at his next sentencing hearing.
The decision comes despite Williams being found unsuitable for release by a state parole board just two years ago, on the grounds that he was still a public safety risk.
Williams broke down in tears in his cell as he appeared by video-link in the courtroom where the decision was made.
But members of the community have said he should not be considered for release.
Michelle Davis, who was a senior at the time of the shooting, said she is still haunted by the incident and worries for her own children who are now at the school.
Charles Andrew ‘Andy’ Williams (pictured in 2001) who killed two children in March 2001, could be freed earlier than expected after a judge recalled his life sentence
Charles Andrew ‘Andy’ Williams was sentenced to 50-years-to-life in prison for shooting dead Bryan Zuckor (pictured right), 14, and Randy Gordon (pictured left), 17, and wounding 13 more students and teachers at Santana High School on March 5, 2001
Recalling the shooting, she told NBC7: ‘I remember it very well. It was very terrifying. Everybody came running to us, you heard a pop, you see kids’ blood running.
‘He knew what choice he made when he made it. Why is it different now? You know what right from wrong is whether you’re 15 or 42.’
Parent Jennifer Mora, who graduated from the high school three years before the shooting, said that it has lasting scars for everybody in the community.
‘We all lived it, we grew up here,’ she said. ‘We get scared for our kids to be in school now because something like that happened in Santana.’
Prosecutors have vowed to fight Williams’ release at his next sentencing hearing.
‘As prosecutors, our duty is to ensure justice for victims and protect public safety,’ San Diego County District Attorney Summer Stephan said in a statement.
‘The defendant’s cruel actions in this case continue to warrant the 50-years-to-life sentence that was imposed.
‘We respectfully disagree with the court’s decision and will continue our legal fight in the Court of Appeal and the Supreme Court if need be.’
Williams (pictured today) now 39, was 15 at the time of the shooting, his case would be tried in juvenile court, meaning he could be freed at the next sentencing hearing
Superior Court Judge Lisa Rodriguez ruled Tuesday that Williams (pictured above in court as a child in 2001) could be resentenced based on a law which allows this provision for juvenile defendants who have served at least 15 years of a life without parole sentence
Survivors have said they are still haunted by the shooting which shook Santana in March 2001
Deputy District Attorney Nicole Roth has argued that Williams was not sentenced to life without possibility of parole, so his case should not even be under consideration for re-sentencing.
She said the judge in his original sentencing opted to give him 50-years-to-life so that he would have some possibility of parole.
Williams’ attorney, Laura Sheppard, argued that recent case law indicates prison terms of 50-years-to-life are the ‘functional equivalent’ of life without parole.
Judge Rodriguez agreed with Sheppard that these sentences are equivalent, because the length of the prison sentences does not allow the opportunity to become a reformed member of the community, which is what the law is designed for.
Williams issued a statement through his attorney at the parole hearing where he apologized for his ‘violent and inexcusable’ crimes.
‘I had no right to barge into the lives of my victims, to blame them for my own suffering and the callous choices I made,’ he said.
Williams broke down in tears in his cell as he appeared by video-link in the courtroom where the decision was made. (Pictured: Williams being escorted to the courthouse in March 2001)
‘I had no right to cause the loss of life, pain, terror, confusion, fear, trauma, and financial burden that I caused.
‘I am sorry for the physical scars and for the psychological scars I created, and for the lives and families that I ripped a hole in.
‘It is my intention to live a life of service and amends, to honor those I killed and those I harmed, and to put proof behind my words of remorse.
‘I wish so badly that I could undo all the hurt and terror I put you through. With the deepest remorse, I am forever sorry.’
