Alexander Crain

Background

Alexander Crain was a 14-year-old boy and later described as a 15-year-old teen from Golden Gate Estates in Collier County, Florida. His parents were Thomas Crain, 40, and Kelly Crain, 39. His grandmother, Nancy Ward, was a licensed practical nurse and a former business partner of Kelly Crain. Nancy Ward declined comment.

Crain was described as a freshman at Palmetto Ridge High School, and he was described as having no prior criminal record. His family and attorneys sought to have him charged as a juvenile because that path would result in milder penalties than an adult filing. Attorney Mark Rankin and co-counsel Brian Bieber anticipated a filing after a conversation with prosecutors. Rankin described the distinction as “It’s culpable negligence instead of intent to kill,” he said of the distinction, and he also said, “And I think the state looked at our doctors’ reports and their own doctor’s report and evaluated the unique circumstances—that he’s such a young kid, that it’s his parents.”

Brian Bieber later said Crain was doing the best he could under the circumstances and was remaining focused. Bieber also said, “He's doing the best he can under the circumstances, and he's remaining focused,” and, “In tragic cases like this, there are no winners. There never are.”

Bieber said there was a psychological component identified by doctors that did not excuse criminal conduct but helped explain it: “A psychological component that doctors have identified, which does not excuse criminal conduct, but helps explain it.”

Bieber also said, “It can never erase what happened, but it can begin the healing process on a certain level,” and he said details of the plea deal were still being worked out.

The offence

Thomas and Kelly Crain were found shot to death inside their Golden Gate Estates home in December 2010. Deputies found the bodies of Thomas, 40, and Kelly, 39, in the master bedroom of their home at 4240 47th Ave. NE following an emergency call from the home at 8:30 a.m. Crain was the only other person inside the home.

Crain was accused of shooting his parents. The case involved a firearm, and the matter was discussed in connection with the “10-20-Life Law” because of the use of a firearm. Assistant State Attorney Rich Montecalvo told Collier Circuit Judge Elizabeth Krier:

“Based on the allegations, if charged as an adult, Mr. Crain will face the restrictions of the 10-20-Life Law because of the use of a firearm”

Investigation

A psychological evaluation of Crain was conducted on behalf of the state, and Crain’s attorneys had two more performed, with results shared with prosecutors. State Attorney’s Office spokeswoman Samantha Syoen said:

“(The decision) was based on all of the facts and evidence we are able to review at this time,”

In court, defense attorney Lee Hollander and others discussed the possibility of building a case to have Crain tried as a juvenile.

Deputies have not said what the crime was that was related to the alleged second-degree murder charge involving a killing committed during another crime.

At the initial appearance, it was reported that there was no one else in the home when Crain walked down the driveway holding his hands up toward sheriff’s detectives Andrew Henchesmoore and Sgt. Devid Jolicouer. The report showed no one else was in the home when Crain walked down the driveway, and the gun, a rifle, was in a bathroom. No new information about how the killings occurred, the type of rifle used, or if the couple was sleeping at the time was reported.

Nancy Ward and the family declined comment as they left the courtroom. Family members left with private investigator John Hisler, who had been retained by Hollander. Samantha Syoen said:

“We’ve been working closely with the Collier County Sheriff’s Office since this incident happened and we have not received the case yet for review,”

She also said:

“Once the Collier County Sheriff’s Office completes their investigation, we will review the case for possible charges.”

Arrest

Crain was arrested Thursday morning by Collier County Sheriff’s deputies after a 911 call from the home on 47th Avenue Northeast. The call lasted 16 minutes and 40 seconds and came in at 8:30 a.m.

The report stated that Deputies haven’t said whether the boy made the call, and it showed no one else was in the home when Crain walked down the driveway holding his hands up toward sheriff’s detectives Andrew Henchesmoore and Sgt. Devid Jolicouer. Detective Matt Willard pointed his gun at the boy; Henchesmoore searched him and handcuffed him before placing him in a patrol car. Crain told him only his parents were in the home, and the gun, a rifle, was in a bathroom.

Crain was wearing a blue juvenile jail uniform at the initial court appearance. He was ordered held in secure juvenile detention for 21 days at that time.

Trial

At the time described, an April 23 trial date had been set for Alexander Crain. Collier Circuit Judge Frederick Hardt also approved an April 18 pre-trial date. Both were set for 9 a.m. Crain remained in the Collier County jail in the juvenile wing.

A motion to exclude all photographic and electronic media during further pre-trial and eventual trial coverage was denied by Hardt. Brian Bieber filed a separate request to exclude Crain from attending the case management hearing on Monday. Bieber reasoned that the hearing would be brief and discuss scheduling matters and that Crain did not need to be present. Attorney Mark Rankin represented Crain during the case management hearing.

Sentencing

The reports described potential sentencing consequences depending on whether Crain was tried as an adult or as a juvenile. If charged as an adult, Crain would face the restrictions of the 10-20-Life Law because of the use of a firearm, which would mean life on two second-degree murder charges. In Crain’s case, it was discussed that if he were convicted as an adult he would be required to serve a minimum mandatory of 25 years or up to life in prison under the 10-20-Life Law.

When Crain was charged with manslaughter with a firearm, each count was described as a first-degree felony carrying a maximum 30-year prison sentence.

Bieber stated that the maximum sentence Crain faced was 60 years and that the general guideline was about 20. Bieber also said a youthful offender distinction during sentencing could cap a defendant’s maximum incarceration at six years, to be served in a separate facility from adult prisoners, and Rankin said:

“That’s at least within the realm of possibilities,”

Appeals

No appeal outcome was described.

Outcome

Crain was in prison (in the juvenile wing) awaiting trial. His plea was expected to change as part of a deal with the State Attorney’s Office, according to his attorney Brian Bieber. Bieber said Crain would plead guilty in April. Bieber also said details of the plea deal were still being worked out.

Other details

The charge and filing history included second-degree murder charges and later manslaughter charges with a firearm.

At one stage, Crain was originally arrested on a pair of second-degree murder charges.

At a later stage, Crain was charged as an adult with two counts of manslaughter with a firearm. Each count was described as a first-degree felony with a maximum 30-year prison sentence.

Crain was held at the Naples Jail Center in medical housing as a precaution and was to be moved to a juvenile wing when medically cleared. Michelle Batten said:

“He’s separated from other adults,”

Crain was to appear on Thursday before a Collier Circuit judge to determine whether to set a bond for the teenager.

A lengthy review of the case by the State Attorney’s Office was described before the adult filing. Abe Laeser said:

“Ultimately I’m going to try to get as much information as I can about the sophistication of the child,”

He also said:

“Age of course is an issue, their mental history, if known, their school history.”

Laeser also said:

“Not all crimes are created equal, and neither are all juveniles,”

and he said:

“Such factors are central to a prosecutor’s determination of how to file against a juvenile”

Hollander cited the 10-20-Life Law and said:

“That’s one of the reasons I have to try to get him not charged as an adult.”

Hollander described second-degree murder as involving a killing that wasn’t premeditated and as punishable by a prison term of 40 years to life, and he said:

“He’s had no prior run-ins with the law and under the statute, charging him as an adult is discretionary, rather than mandatory,”

and:

Hollander also said:

Crain’s defense attorney Lee Hollander said Crain was in shock:

“He’s in shock,” Hollander said of the teen,

and Hollander declined to say whether he’d been on any medications. Hollander also said:

“The picture in the paper pretty much summed it up.”

Hollander said the family members were standing by the boy and that if he was to be released they would want him to come home:

“If he was to be released, obviously, they would want him to come home,”

and:

“The family members are the victims here.”

Hollander said he was called Thursday by a Tampa attorney to handle the arraignment.

Ward operated NankelCompumed from 1999 to 2004. Thomas and Kelly Crain operated Crain Screening and Aluminum Inc., a company they started in 2002 out of their home.

The case description also included comparisons to other high-profile homicides involving juveniles tried as adults, including cases involving Jonathan Rowles, Jorge Saavedra, Pete Magnotti, Ashley Toye, Roderick Washington, Iriana Santos, Mazer Jean, Jermaine Jones, and Riccardo Rivas, along with sentencing details for those other cases.