Boy Convicted in Shooting Death of Sister : Justice: Richard Hubler, 14, can receive 15 years to life for second-degree murder in the slaying of 12-year-old Gema Marie.

A judge found 14-year-old Richard Hubler of Anaheim guilty of second-degree murder Thursday in the shooting death of his 12-year-old sister during what prosecutors said was an argument over the use of a telephone.

“You are going to have to face the decision that you are responsible for this act,” Superior Court Judge Robert E. Thomas told the youth.

Hubler, who was already on probation for two earlier gun-related incidents, had claimed the June 14 shooting of his sister Gema Marie was accidental.

The judge found that while Hubler did not intentionally shoot his sister, he was guilty of second-degree murder by “implied malice” because he knew the gun had been malfunctioning before he pointed it at his sister and pulled the trigger.

Thomas may have inadvertently added to an outburst from the defendant’s many family members and supporters by announcing that the penalty would be 25 years to life at a California Youth Authority facility. He acknowledged to lawyers later that he misspoke; the penalty can only be 15 years to life, with a possible two years added for the use of a gun. Formal sentencing is set for Oct. 18.

Deputy Dist. Atty. Brent F. Romney said Hubler would probably serve seven years before he is released. He pointed out that the Youth Authority sets its own parameters for sentencing, giving itself wide latitude in releasing a youth earlier or keeping him confined up to age 25.

Hubler called 911 from the family’s Anaheim Shores home during the noon hour on June 14 and reported that intruders had shot his sister in her bedroom. He later admitted he had shot her. But he insisted that he thought the gun was empty when he aimed it at his sister and pulled the trigger while “messing around.”

The girl was shot once in the head and died four days later, never regaining consciousness.

Hubler was already on probation for shooting another youth with a BB gun and getting caught with a .357 magnum handgun.

Judge Thomas, noting Hubler’s fascination with guns, described him as a virtual “repository” for firearms. The teen-ager had possessed at least six weapons in recent years and was known among his friends as someone who could saw off the stocks of shotguns and rifles to make them less bulky to handle.

Hubler had sawed off the stock of a .22-caliber rifle the night before the shooting of his sister, causing the loading spring to malfunction. That became a critical issue in the court’s decision between second-degree murder and involuntary manslaughter.

Hubler told police that even before he shot his sister, he had been surprised when a bullet ejected after he thought he had already unloaded the gun. Hubler blamed the shooting on the spring malfunction.

The judge agreed with prosecutors’ arguments that Hubler’s knowledge that the gun could malfunction elevated the crime from involuntary manslaughter to second-degree murder.

“The question we have to ask ourselves,” the judge said, looking at Hubler’s family and supporters, “would I, as a person, point any weapon at another person and pull the trigger? What is it that a person has on his mind when he performs that act?”

The judge added that except for deputy marshals present, “probably no one in this courtroom” had ever aimed a firearm at someone and pulled the trigger.

Prosecutors contended that Hubler deliberately shot his sister, but sought only second-degree murder because there was no evidence the act was premeditated.

Hubler and his girlfriend had been on the phone from 11:35 a.m. to 12:15 p.m. the day of the shooting. Gema Marie had told her boyfriend she would call him at noon, which was why she was trying to get her brother off the phone.

Hubler’s girlfriend told police that he shot the rifle twice while on the telephone after she dared him to. Then later, the girlfriend said, she heard the brother and sister arguing over the phone, with Hubler finally shouting to Gema Marie: “Shut up or I’ll shoot you.”

The girlfriend later recanted the statement on the witness stand, but police had a tape recording of it, and it was played in court.

In juvenile cases, judges decide a verdict without a jury. Thomas noted that this case was an especially emotional one because the victim’s family was also the family of the defendant. Thomas took a brief recess before announcing his verdict, saying he wanted to give everyone a chance to view his decision with a clear head.

Prosecutor Romney said later he believed Thomas’ ruling was the correct one.

“But there are no victors in this one,” Romney said. “This one was a tragedy from beginning to end.”

Hubler’s parents, James and Marie, did not want to discuss the verdict with reporters. Marie Hubler and many of Hubler’s friends became so upset with news photographers in the hallway that a bailiff had to come out to ensure order.

Deputy Public Defender Sharon Petrosini berated photographers for not having compassion for the family and refused to discuss the verdict with reporters.

“You simply cannot understand what this family has been through,” she said.

During a videotaped interview with police shortly after the shooting, Hubler had said that his sister’s death had caused him to give up guns for good.

“No you won’t,” Carl Martin, a police investigator, told him. “You’re fascinated with guns.”

“Well, that’s the last time I’m ever going to aim a gun at anyone, I’ll tell you that,” Hubler said.