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Two lives, one shared tragedy
Two teens took divergent paths through life, which ended up crossing in violence, bloodshed and tears.
By CHRIS TISCH
Published April 16, 2005
LARGO - Jimmie Flournoy's parents taught him to shun the gangster life many of his peers were embracing. Instead of growing up tough and streetwise, Flournoy was peaceful and naive.
At age 16, he became the target of thugs who jumped and beat him. They were led by Ronald Durham, a 17-year-old with gang tattoos that read "Shoot first ax questions later" and "kill the n------."
Unskilled in the ways of the street, Flournoy didn't know how to defend himself. He told his father about the beatings. His father spoke with school officials and bought his son a car so he wouldn't get jumped walking to school.
When that didn't work, Flournoy bought a gun.
Outside a youth dance on Feb. 21, 2003, Flournoy pulled it out and shot Durham, killing him.
A jury last month found Flournoy guilty of manslaughter.
On Friday afternoon, Pinellas-Pasco Judge Brandt Downey had to sentence Flournoy, now 18. Guidelines required at least nine to 15 years in prison. Flournoy's attorney asked Downey to give him a short jail stint and probation.
To whom would the sentence speak loudest:
A bullying teen whose violence arguably contributed to his own death? Or a peaceful teen who made one poor decision in an effort to protect himself?
"Nobody in this case," Downey said before announcing the sentence, "is blameless."
* * *
Flournoy got A's and B's at St. Petersburg High School and worked 40 hours a week at a nursing home. He never got in trouble with the police.
Durham had about 20 tattoos, one the name of a St. Petersburg gang. He worked out on punching bags. He had been in trouble with the police.
His mother battled a drug addiction and his father kicked him out of his house at 15, he wrote in a school newspaper article called "I got out of a gang."
"I started to sell drugs and make a profit and carry a gun," he wrote. "I was the youngest in the 'hood. I carried a gun because I was down for whatever."
Still, his family loved him. In that article, he wrote of finding a life off the streets.
"I found out that's not the way to go if you don't want trouble," he wrote.
No one could say for sure what came between Durham and Flournoy. Though it ultimately would lead to a headstone for one and a jail jumpsuit for the other, the source of the conflict was trivial enough that no one could remember what it was.
In October 2002, Durham and some friends beat up Flournoy during a pep rally at school. It wasn't the first time Flournoy had been pummeled. His father didn't allow his son to go out at night for four months. Flournoy continued to get harassed at school and felt unsafe.
So he bought a gun. When his dad finally let him out for a night, he took the gun with him to a dance at the Campbell Park Recreation Center in St. Petersburg.
Stories varied as to what happened outside the dance that night. Durham's girlfriend claimed Flournoy, unprovoked, shot Durham. Other witnesses said Flournoy and three friends were leaving the dance to get away from Durham, who followed them outside with about a dozen friends.
One witness heard Durham say, "Gimme my fade," a street term for wanting to fight.
Flournoy yelled: "Y'all not jumping me anymore."
He pulled the gun from his waist and fired three times. Durham stepped toward his car, fell to the ground and died in the parking lot.
Prosecutors charged Flournoy as an adult with second-degree murder. If convicted, he faced 25 years to life in prison.
He posted bail and got out of jail and was sent to live with family in Alabama. He graduated from high school and enrolled at Troy State University to study business administration.
* * *
At the trial last month, Flournoy's attorney, Frank Louderback, argued self-defense.
Prosecutors said Flournoy took the law into his own hands.
Jurors found him guilty of manslaughter.
Flournoy was taken into custody at the Pinellas County Jail until Friday's sentencing. He withdrew from college.
On Friday afternoon, several dozen of Flournoy's family and friends squished into the courtroom. On the other side of the aisle, a number of Durham's family and supporters sat behind prosecutors. Some wore T-shirts that read: "RIP Lil' Ron."
Flournoy, who wore a blue jumpsuit, was led to a podium in front of Judge Downey.
Durham's aunt, Sheiry Hines, stepped forward.
"I never really want to see him walk in freedom again," she said. "A child should not have a gun and play God and take another person's life."
Prosecutor Thane Covert stood up to say the family wanted the maximum 15-year prison sentence.
"There is nothing the victim did in the past that deserves the ultimate punishment," said Covert. "The victim's family, the only thing they can do now is go to a grave to see their son."
Then came the defense witnesses. Jimmie Flournoy Sr. came forward.
"I still give my apologies to Mr. Durham's family," he said, glancing backward. "If they had done a better job with their own son ..."
Covert cut him off with an objection. Durham's family winced. Downey asked the senior Flournoy to refrain from such comments.
The father continued: "At 16 years old, how is he supposed to know where the law starts and where the law stops in defending himself? I know one thing: He believed his life was in danger."
He told Downey how his son listened to his family's advice and stayed out of trouble. He wondered aloud if those lessons left him vulnerable to abuse from other kids.
"Should he be punished severely for saying no to drugs and saying no to the gangster life? Are we giving all the rights to the bullies?"
In a soft voice, the junior Flournoy also apologized to Durham's family. "I'm sorry that it happened," he said.
After everyone was finished, Downey sat forward. He said Durham was leaning toward a life of crime.
"He was heading in that direction. He and his friends were doing bad things and you all know it," the judge said, his voice rising. "But he didn't deserve what he got."
He said Flournoy's supporters knew that last fact. He offered sympathy for youngsters who have to worry about getting jumped by gang members and wondered what they could do to keep safe.
"Unfortunately, Mr. Flournoy, you didn't do the right thing," Downey said.
Downey sentenced him to six years in prison as a youthful offender, meaning he will spend those years in a youth facility instead of with hardened criminals.
Outside, Durham's family was disappointed. "I don't think six years was enough time," his aunt said.
Bailiffs led Flournoy away.
Louderback followed him back to a cell, looked at him and said: "You are the most amazing person I've ever represented."
Later, the defense attorney said: "It's sad, but the fact he was living the exemplary life meant that he couldn't react."
[Last modified April 16, 2005, 01:20:07]
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