“Joy, happy finally,” Carolann Harrison said of her emotions after the sentence was announced. “Justice was served. My family and I are relieved. We came a long way waiting all this time. Just happy, finally happy.”
Santana, 65, stood before Montgomery County Common Pleas Judge Timothy O’Connell on Monday afternoon after he was convicted earlier this month on counts of murder and felonious assault. Prosecutors said Santana snuck up on the 17-years-olds who trespassed into his detached garage as they were trying to smoke marijuana in a vehicle they thought was abandoned.
A witness in the case said Santana opened fire without warning. Prosecutors told the jury that Santana didn’t give the teens a chance to explain themselves and that they didn’t mean him any harm.
Prosecutors asked the judge to sentence Santana to the maximum of 36 years to life in prison.
“(Santana) made the conscious decision to leave his home and confront the three boys who were trespassing in what they thought was an abandoned garage,” prosecutors said in a sentencing memorandum ahead of the hearing. “At no point did the boys present any threat to this defendant. Despite this, (Santana) took matters into his own hands and, giving the boys no chance of escape, opened fire. The result was the deaths of Javier Harrison and Devin Henderson. Defendant has shown no remorse for his actions.”
Santana’s defense attorney, Lucas Wilder, argued to a jury that Santana feared for his life when he opened fire. He said Santana didn’t know if the individuals inside one of his inoperable cars had a weapon or were going to attack him.
“In that moment, fear hits him and he decides to shoot,” Wilder said.
Wilder told the judge that Santana didn’t know the teens were underage and if Santana could go back and change his actions he would.
Montgomery County Prosecutor Matt Heck Jr. released a statement following the sentence:
“This defendant shot and killed two teens for trespassing in his detached garage. Trespassing may be a crime, but it is not punishable by death. The Castle Doctrine does not apply to a detached garage, and the defendant’s claim of self‐defense was baseless. This defendant will now spend the rest of his life in prison for the senseless murder of Javier Harrison and Devin Henderson,” Heck said.
The judge ordered Santana to serve the life sentence, to register as a violent offender and noted that he would be on lifetime parole if ever released from prison. Santana got credit for the two years he has spent in the Montgomery County Jail awaiting trial.
Linda Henderson thanked prosecutors for their work and said while she hoped Santana would have to serve a longer time before getting a chance at parole, the sentence was justice.
“As long as I know he’s not going anywhere,” Linda Henderson said, adding that now she believes her son and Javier can rest in peace. “It’s been a long two years ... the only thing I can say is I’m just excited, I’m happy. I can relax more now.”
About the Author
