Jessup man gets 5 years in shooting death of friend
Judge rejects tearful plea not to send him to state prison
By Mike Santa Rita
msantarita@patuxent.com
Posted 6/04/09
A 22-year-old Jessup man was sentenced to five years in prison Thursday for the accidental shooting death of a friend — despite his tearful apology to the victim’s family and his pleas to the judge not to send him to a state prison.
At a sentencing hearing, Kenneth Ryan Bowser apologized to the family of Michael Joseph Mullinax, whom Bowser fatally shot in 2008 as the two friends wrestled over a gun in Bowser’s basement on Sept. 10, 2008. Mulinax was 17 when he died.
Bowser also begged Howard County Circuit Court Judge Timothy McCrone not to send him to a prison administered by the Maryland Department of Corrections, where he said he would be “traumatized” by the time he got out.
He pleaded with McCrone to send him to the Howard County Detention Center, where he believed he would be less likely to be victimized by other inmates than in a state facility, and would not have to befriend unsavory people just to survive.
“I’m scared I might not make it out at all,” he said.
But McCrone rejected his pleas.
“Mullinax’s family is devastated and will be devastated until they die,” McCrone said in handing down his sentence. While he acknowledged that Bowser was remorseful and could go on to be a productive member of society, the judge said that Mullinax will never have that chance.
“He won’t have the opportunity to go on and do great things,” McCrone said.
McCrone also noted that the Howard County Detention Center only took inmates for up to 18 months, which was not an appropriate sentence in the case. McCrone said he had “struggled” with the case and with Bowser’s “almost unbelievably irresponsible behavior.”
After the sentencing, Deborah Mullinax, Michael Mullinax’s mother, said she was not satisfied with the five-year sentence. “It’s not long enough for me,” she said.
On the day of the shooting, police responding to a report of a gunshot at Bowser’s home found Mullinax dead from a single gunshot wound to the chest, police said. According to charging documents, Bowser and Mullinax were playfully wrestling over the gun when it went off.
Bowser told police he had been drinking brandy before the shooting and that Mullinax had pointed the gun at him “just to play” before Bowser tried to take the gun from him.
Bowser pleaded guilty to involuntary manslaughter and contributing to the delinquency of a minor in February.
In tearful testimony before the court Thursday, Deborah Mullinax asked for the maximum sentence and said she would never be healed from the trauma of losing her son.
“Whatever he gets, that’s what I have to live with,” she said. “I am the one sentenced for life.”
She also reminisced on her son’s first word and the first lock of hair she cut from his head, and said that every night she keeps vigil for him.
“Every night I burn a candle for Michael. At 9:20 p.m. I tell him ‘Good night, sleep tight, I love you buddy.’
“You are not supposed bury your children before you,” she added. “I hurt every single day. I wear Mikey around my neck every day, this way I know part of him is safe with me.”
Before sentencing, Bowser expressed remorse for the shooting and said he had a greater appreciation for life. “I will never be able to forgive myself,” he said. “I wish that my recklessness had caused me to die and not Mikey.”
Assistant State’s Attorney David Lank, who had asked for a nine-year sentence, said he respected the court’s decision but declined to elaborate further.
Bowser’s attorney, Clarke Ahlers, said he thought the judge’s decision was “well-reasoned. I know the judge put a lot of thought into it.”
At a sentencing hearing, Kenneth Ryan Bowser apologized to the family of Michael Joseph Mullinax, whom Bowser fatally shot in 2008 as the two friends wrestled over a gun in Bowser’s basement on Sept. 10, 2008. Mulinax was 17 when he died.
Bowser also begged Howard County Circuit Court Judge Timothy McCrone not to send him to a prison administered by the Maryland Department of Corrections, where he said he would be “traumatized” by the time he got out.
He pleaded with McCrone to send him to the Howard County Detention Center, where he believed he would be less likely to be victimized by other inmates than in a state facility, and would not have to befriend unsavory people just to survive.
“I’m scared I might not make it out at all,” he said.
But McCrone rejected his pleas.
“Mullinax’s family is devastated and will be devastated until they die,” McCrone said in handing down his sentence. While he acknowledged that Bowser was remorseful and could go on to be a productive member of society, the judge said that Mullinax will never have that chance.
“He won’t have the opportunity to go on and do great things,” McCrone said.
McCrone also noted that the Howard County Detention Center only took inmates for up to 18 months, which was not an appropriate sentence in the case. McCrone said he had “struggled” with the case and with Bowser’s “almost unbelievably irresponsible behavior.”
After the sentencing, Deborah Mullinax, Michael Mullinax’s mother, said she was not satisfied with the five-year sentence. “It’s not long enough for me,” she said.
On the day of the shooting, police responding to a report of a gunshot at Bowser’s home found Mullinax dead from a single gunshot wound to the chest, police said. According to charging documents, Bowser and Mullinax were playfully wrestling over the gun when it went off.
Bowser told police he had been drinking brandy before the shooting and that Mullinax had pointed the gun at him “just to play” before Bowser tried to take the gun from him.
Bowser pleaded guilty to involuntary manslaughter and contributing to the delinquency of a minor in February.
In tearful testimony before the court Thursday, Deborah Mullinax asked for the maximum sentence and said she would never be healed from the trauma of losing her son.
“Whatever he gets, that’s what I have to live with,” she said. “I am the one sentenced for life.”
She also reminisced on her son’s first word and the first lock of hair she cut from his head, and said that every night she keeps vigil for him.
“Every night I burn a candle for Michael. At 9:20 p.m. I tell him ‘Good night, sleep tight, I love you buddy.’
“You are not supposed bury your children before you,” she added. “I hurt every single day. I wear Mikey around my neck every day, this way I know part of him is safe with me.”
Before sentencing, Bowser expressed remorse for the shooting and said he had a greater appreciation for life. “I will never be able to forgive myself,” he said. “I wish that my recklessness had caused me to die and not Mikey.”
Assistant State’s Attorney David Lank, who had asked for a nine-year sentence, said he respected the court’s decision but declined to elaborate further.
Bowser’s attorney, Clarke Ahlers, said he thought the judge’s decision was “well-reasoned. I know the judge put a lot of thought into it.”
user comments (1)
user robincs1956 says...
my heart goes out to the Mullinax's family, 5 years ? whats that nothing at all. And what ever happens to him while he is in jail, ( SO BE IT )
Posted 10:26 PM, 06.15.09 | Permalink
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