Posted on 02/23/2005 6:30:13 PM PST by ambrose
Teen who threw ice chunk, killing woman, to stay in juvenile home
The Associated Press
February 23, 2005
A teenager who threw a chunk of ice off an overpass two years ago, killing a Berks County woman, should remain in a Franklin County juvenile detention center for at least another six months, a judge ruled.
Advertisement Click Here! Dennis Gumbs, now 17, should remain in Alternative Rehabilitation Communities in Chambersburg,, Lehigh County Judge Lawrence Brenner decided after a progress hearing, which is required every six months. Gumbs could be there until he turns 21.
Elaine C. Cowell, 33, of Mohrsville, Berks County, was returning from a ski trip with her husband and three children on Jan. 3, 2003, when a basketball-sized chunk of ice smashed through the windshield of their van. She died of massive internal injuries.
The Allentown youth was sentenced to juvenile detention after being found delinquent of third-degree murder.
Juvenile center director Charles W. Parker Jr. testified at Tuesday's hearing that Gumbs is an honor student in the high school graduation program and has shown leadership qualities, but needs more time to fully understand the magnitude of his crime.
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Related story:
http://www.mcall.com/news/local/all-b1_5gumbs-rfeb23,0,3778116.story?coll=all-newslocal-hed
Allentown teen to remain in detention for ice death
Dennis Gumbs needs time to understand crime, juvenile rehab director says.
By Ron Devlin
Of The Morning Call
Dennis Gumbs, the Allentown youth who tossed a chunk of ice off a Route 22 overpass and killed a Berks County woman in January 2003, will continue to be incarcerated in a Franklin County juvenile detention facility.
At a placement review hearing Tuesday, Lehigh County Judge Lawrence Brenner ruled Gumbs should remain in Alternative Rehabilitation Communities in Chambersburg.
Gumbs, 17, was sentenced to the juvenile treatment program after being judged delinquent of third-degree murder about 18 months ago. He could remain there until he is 21, but his progress must be reviewed at a placement hearing every six months.
The ruling came after an at-times tense 45-minute hearing, where the families of Gumbs and his victim, Elaine Cowell of Penn Township, sat on opposite sides of Lehigh County Courtroom No. 3.
It would have been Cowell's 36th birthday, and Brenner drilled it home to Gumbs.
''She should be at home getting hugs and kisses from her family,'' Brenner said. ''Instead, she's in the ground.''
Gumbs threw an 18-pound chunk of ice off the Fifth Street Bridge in Whitehall Township on Jan. 3, 2003. It struck the windshield of the Cowells' van, crushing Elaine Cowell, who was asleep in the front passenger seat. The Cowells' three children were in the back of the van.
The family was returning from a ski outing to the Poconos.
Brenner attempted to drive home the scope of the tragedy to Gumbs.
''This was a family united,'' Brenner said. ''One minute everything in the world was perfect, the next their lives were changed forever.''
Several times, Brenner asked Gumbs if he felt remorse.
''What would you do if this had happened to your mother?'' he asked, vividly describing the ice crashing through the window.
Gumbs' reply: ''I'd hate the person who did it.''
''When you go to bed at night and put your head on the pillow,'' the judge asked, ''what do you think?''
''Mostly,'' replied Gumbs, ''I cry.''
Gumbs, wearing a white shirt and chinos, bowed his head and wiped his eyes several times.
Charles W. Parker Jr., ARC program director, gave a somewhat glowing account of Gumbs' progress. He's an honor student in ARC's high school graduation program, earning A's and B's, and has shown leadership qualities.
Despite the progress, Parker testified, Gumbs needed more time to fully understand the magnitude of his crime.
When Parker reported Gumbs was learning to deal with his victimization, Brenner took him to task.
''He is the perpetrator,'' the judge demanded, ''and they are the victims.''
Parker assured Brenner that Gumbs understands the effect he had on the Cowell family.
At one point, a woman in the front row called out, ''He should spend the rest of his life in jail.''
She was later identified as Cowell's sister, who drove 23 hours from Oklahoma to attend the hearing. She had not been in court before.
Surprised by the outburst, Brenner said it was not in keeping with the Cowell family's tenor to this point. The family, the judge said, had not previously asked for vengeance but put the matter in the hands of the court.
Maria Dantos, Lehigh County first assistant district attorney, spoke for the family. William Cowell, the victim's husband, was not in court.
It was difficult for the family to come to the hearing, Dantos said, and even more difficult for them to listen to a progress report on how well Gumbs is doing in class.
''Quite frankly,'' Dantos said, ''he has given up the right to pursue a GED by committing murder.''
Gumbs, brought into court handcuffed, sat with his lawyer and his parents, Emilio and Maria Gumbs.
Emilio Gumbs said the last two years have been nerve-wracking. ''I think about it constantly,'' he said.
Maria Gumbs said she keeps the Cowell family in her prayers.
Glennis L. Clark, Gumbs' lawyer, appealed to the judge to consider his client's youth. The boy is truly sorry, Clark said, but the tragedy is larger than he can comprehend.
''Dennis understands what he did and he's sorry for it,'' Clark said. ''But he doesn't know how to express it.''
In his parting words, Brenner gave Gumbs words of encouragement. While he could never undo what he had done, the judge said, there was light at the end of the tunnel for Gumbs.
''Will you promise me that sometime in your life you will do something extra in the community or with young people?'' the judge asked. ''Will you do something to set the scales of justice back on even keel?''
Gumbs nodded yes.
ron.devlin@mcall.com
610-820-6512
basketball sized? third degree?
wtf, batman... should have been tried as an adult for wanton disregard - second degree, and gone home for 20.
Like what?
Darn kids! I've been seriously considering upgrading my windshield to a bulletproof one. I've already had an incident where someone was throwing rocks at cars off the highway from a frontage road. Luckily it hit the car underneath i think, I couldn't find the damage.
The other 2 cars behind me weren't so lucky, one minivan had a back quarter window punched out and a honda had the front door glass smashed and door-jam caved in.
With any luck, one day somebody is gonna use a bare knuckled fist and knock all the teeth out of his mouth.
We've had several families injured by being struck through the windshield on the interstate here by adult transients. There's been a rash of that this winter out on the north outskirts of Salt Lake. The state troopers must have had open season in the tramp camps for a while, as it seems to have calmed down.
Wow , sorry to hear that. always hope it doesn't happen to me. Its like russian roullete on the roads sometimes.
or was that a rhetorical comment??
He ought to get at least 20 years, no parole.
I would have executed him without a second thought.
Seriously, I've been considering getting some sort of Bulletproofing. Or some kind of film as you mention. Probably getting the bulletproff glass is the best option. Of course i'll have to be able to $$afford it first. I'm sure it's not cheap.
. . .totally worthless and fraudulent compassion couched in the tones of self-congratulatory Liberalspeak.
Disgusting. . .
And calling this a chunk of ice; diminishes the crime and insults the intelligence of reason-capable citizens; worse it insults the victim; the life lost. . .ignores the pain and suffering of their families. . .et al. and the life they are left with.
The film is not bulletproof, but it could help. Unfortunately, current laws preclude its use on windshields. They should take a lesson from NASCAR and our helicopters in war zones.
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