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Samuel sentenced

by JEFF SELLE/Staff writer
| April 4, 2016 12:43 PM

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<p>Tina Samuel, the mother of Eldon Gale Samuel III, is emotional as she reads a letter to Judge Benjamin Simpson on Monday asking him to take her son's future into consideration before Simpson doles out Eldon's sentence.</p>

COEUR d’ALENE — Eldon Samuel, 16, was sentenced Monday to at least 20 years in the adult prison system for murdering his father and younger brother two years ago.

District Court Judge Benjamin Simpson handed down the sentence after a full day of testimony from expert witnesses who lined out various options the judge could take in sentencing the minor, who was tried as an adult.

Simpson faced the dilemma of whether to sentence Samuel as an adult, as a juvenile, or to hand down a relatively new blended sentence that would have kept Samuel in the juvenile justice system until he turned 21, and then impose a further sentence based on his progress at that point.

Kootenai County Prosecutor Barry McHugh argued for an indeterminate life sentence with 30 years fixed for the first degree murder of Samuel’s 13-year-old brother with autism, Jonathan, and 15 years fixed for the murder of his father.

McHugh argued against the blended sentence, which may have given Samuel more opportunities for treatment and education. McHugh said he was uncomfortable with the blended sentence because it gives a judge the discretion to put Samuel on parole after serving out his term in the juvenile system.

McHugh said he would be more comfortable if the judge could add a fixed sentence to the end of the juvenile term.

“That shouldn’t be an option here,” McHugh said, referring to the blended sentence option. “He understood what he was doing and he had time to change course.T here was a significant point in time where Samuel could have walked away.

“Society needs to be protected for a significant amount of time,” McHugh said before making his recommendation.

Kootenai County Chief Public Defender John Adams argued for the blended sentence saying the Idaho Department of Corrections would have to keep Samuel in solitary confinement by law until they could find a facility to house Samuel until he turns 18.

“The Idaho Legislature agrees with the Supreme Court,” Adams said, referring to a new law that would allow children who commit violent crimes to serve a blended sentence rather than subjecting them to the adult system. “”We don’t treat our children like that anymore.”

Judge Simpson sided with McHugh saying he was uncomfortable holding Samuel under retained jurisdiction because in this case, it was just too risky.

Simpson said several experts testified that Samuel has a reactive attachment disorder and has a very high risk of reoffending under certain circumstances, but the judge was also sympathetic to Samuel's dysfunctional upbringing that led, at least in part, to the double homicide.

“This case has weighed very heavily on me,” Simpson said, recalling many sleepless nights.

Simpson said he wished he had more options before handing down the sentence.

He gave Samuel 20 years fixed, with five years indeterminate, for the first-degree murder of his brother and 10 years fixed with five years indeterminate for the second-degree murder of his father. The sentences run concurrently.

Prior to the sentencing Simpson asked Samuel if he had anything he wished to say.

Samuel said the two years he has served in the juvenile justice system have changed his life.

“I’m not the same person I was two years ago,” he said. “I feel like a whole new better person.”

Several witnesses throughout the day testified that Samuel was a model prisoner who was adapting well to therapy and treatment.

Samuel’s mother Tina Samuel also spoke at the sentencing and pleaded with the court to go easy on her son. She said Samuel’s father, Eldon Jr., was an extremely abusive man, and spoke of how the younger Eldon was always trying to save her and his brother from the abuse.

“Eldon III saved my life several times,” she said, adding she wasn’t the best mother either. “Nobody is perfect except for God.”

She said no child should ever have to grow up the way he did, and for that she was sorry.

“Your Honor, Eldon has suffered enough pain,” she said. “I am begging you, Your Honor please save my son’s life.”