Bunch says juveniles responsible for her husband’s death got off too easy

Above, 82nd District State Rep. Regina Bunch said Tuesday she was disappointed with the sentence two juveniles received for causing the death of her husband form State Rep. Dewayne Bunch.

Regina Bunch is not happy with the resolution of the case Tuesday morning involving the two juveniles responsible for her husband’s death.

"I’m upset. It’s not that I wanted those boys to spend their life in prison but I think they deserved a lot more than what they received," Regina Bunch said.

"They knew what they were doing. They made a conscious decision to fight that day. Even after he had hit the ground, they continued to fight. I didn’t see any remorse."

She added that the two teens have never said a word to her apologizing for what they did and she doesn’t think they have learned their lesson.

The two teenagers appeared before Special Judge Steve Hurt Tuesday morning during closed-door proceedings in juvenile court to face charges in connection with the death of Dewayne Bunch.

Regina Bunch said that the two teenagers were originally found guilty of third-degree assault and received about 80 days in a juvenile detention facility, which they have already served.

She said the charges were enhanced to reckless homicide Tuesday morning, but because it is also a class ‘D’ felony, neither of the two teenagers are facing any additional punishment in her husband’s death.

"They have already completed their sentences, which was 80 something days in the Breathitt County Detention Center. They are free to go," Regina Bunch said. "It is just appalling. I am very frustrated that they didn’t put more value on my husband’s life."

She added that she thinks this sentence sends a completely wrong message to teenagers that they can commit a serious crime, play the system and get off with little to no punishment.

Dewayne Bunch and two other teachers were on morning duty monitoring the cafeteria on April 12, 2011, when a fight broke out between two students ages 15 and 16 years of age.

Bunch rushed over to break up the fight and was struck in the head by at least one of the teenagers before falling to the ground and striking his head a second time on the cafeteria floor.

He suffered a traumatic brain injury and died on July 15, 2012, as a result of his injuries. His manner of death was classified as "homicide" on his death certificate, his widow said.

"I just want them to be aware of what they have done. There was not only a homicide but there was a robbery here of my husband’s life and the life we had together," she said.

"He is not coming home. Today didn’t end it for him or for my family. We have struggled 15 months. He was a man of integrity. He went into that situation to make a difference to protect them. Instead he lost his life and that seems to be of no value."

Several disappointments

Both District Judge Cathy Prewitt and Whitley County Attorney Don Moses recused themselves from the case. Hurt served as special judge and Commonwealth’s Attorney Allen Trimble served as special prosecutor in the case.

"What disappoints me the most is the officials, who I elected, didn’t feel like they could be objective enough to be the judge to hear this case," Bunch said.

The special judge comes in, looks at the case, issues a ruling and goes home, and there is nothing anyone can say to make a difference, she said.

"There is nothing I can say that makes a difference. I did get to speak today and I was grateful for that," she added. "The whole time I was speaking, I felt like I was the enemy."

Learn a lesson

Bunch said she hopes that the two teenagers involved in her husband’s death learn something from the experience, which is something that Dewayne would want.

"I hope that it makes a difference with them. I hope that it changes their lives in some way to where they go on and be productive," she added.

Bunch said she hopes this incident doesn’t make teachers afraid to get involved, but she admits she doesn’t know what the answer is.

She said teachers are confused on whether they should jump in or step back if students are fighting.

"I guarantee if my husband had stood back and watched them fight and one of them had gotten killed, it would have been a whole different situation," Bunch said.

"I am just appalled at this judge’s ruling. There is nothing I can do except hope it makes people aware of what can happen. I hope it doesn’t make children think right or wrong doesn’t matter and they can get away with a little slap on the hand."

Shroud of secrecy

WKYT reporter Phil Pendleton entered the judicial center Tuesday morning and went to the second floor lobby outside the courtroom where the juvenile proceedings were to be held when he spoke with a woman about whether that was the correct courtroom.

Pendleton said he wasn’t trying to enter the courtroom, just make sure it was the correct one.

Pendleton said the woman, who was apparently a lawyer, tried to tell him that by order of state law he wasn’t allowed to report on anything that happened in the juvenile courtroom.

"I understand they want to make sure that since these are juveniles then they are protected, and there is a reason why there are juveniles laws in place," Pendleton said. "To try and act like we shouldn’t even be here and we shouldn’t report this to me it seems a little overbearing.

"It is almost like they are trying to keep something secret, which I guess a lot of it needs to be kept behind closed doors, but not everything. If a juvenile is charged with a crime, we can report that a 16-year-old is charged with a crime."

Regina Bunch said that the media aren’t the only ones that juvenile court officials apparently didn’t want to know about the proceedings.

"They would not inform me about these proceedings this time nor the time they did the official ruling of third-degree assault. I had no idea," Regina Bunch said.

The two teens were originally charged with first-degree assault, which is a class ‘B’ felony punishable by 10 to 20 years in prison for adults, but Hurt later amended the charges to third-degree assault, which is a class ‘D’ felony punishable by one to five years in prison for adults.

"We have been totally left out of these proceedings. We had to find out in a round about way about today or I would not have known this was happening," Bunch added. "It seems like the person, who has done the wrong gets more consideration and more protection than the victim."

Bunch said that she’s not in favor of abolishing all protections for juvenile offenders, but she feels that people deserve to know what rulings judges are making and what is taking place in courtrooms.

Bunch said that she would like to see some changes made to the law, but admits she isn’t sure what changes she will pursue as a legislator.

"When you are of an age of accountability and you know right from wrong, then you should be held accountable for what you do," she added.

Camera removed

Pendleton said that a short time after the incident with the lawyer a courthouse security guard came up to him in the second floor lobby and informed him that no cameras are allowed inside the judicial center building.

Chief Circuit Judge Dan Ballou issued an order earlier this year barring cameras from the third floor of the courthouse where circuit court proceedings take place.

However, juvenile proceedings take place in district court. Chief District Judge Cathy Prewitt has a policy allowing cameras inside her courtroom.

Although no outside cameras are allowed in circuit court, all proceedings are recorded as part of the official record via about six video cameras located inside the courtroom.