Ballplayer, 13, Faces Murder Charge

Prosecutors filed a murder charge against a 13-year-old Palmdale boy Thursday, two days after he allegedly struck and killed a 15-year-old with a bat during an argument at a Pony League baseball park in Palmdale.

Parents of children in the baseball league and other Palmdale residents responded with obvious ambivalence to the charge. Both youths were well-known and well-liked in the desert community.

The parents of Jeremy Rourke, the slain 15-year-old, set the tone Wednesday night when they released a statement, which was read at a vigil, that urged their neighbors not to consider the suspect “a monster.”

On Thursday, Bill Blaylock, a regional director for the Pony League, expressed a similar sentiment: “When you become a part of Pony baseball, you become part of a family. We lost a member of one family, and another young man is facing an uncertain future.”

The 13-year-old, who has not been identified because of his age, allegedly killed Jeremy after an argument at a ballpark snack stand. Authorities said the two boys, whose families were friends, began arguing in front of dozens of people. The younger boy then walked away, retrieved an aluminum bat and clubbed the older boy, first on a knee and then on the head, witnesses said.

It is still unclear what exactly the boys were arguing about, said Los Angeles County Sheriff’s Lt. Dan Rosenberg. He said witnesses who knew the boys were unable to explain the explosive response.

“There is no indication that he has ever been in trouble,” Rosenberg said of the suspect. “This is a total surprise for everybody.... They all say he’s a good kid.”

The investigator had said prosecutors’ decision on whether to file a murder charge, rather than a lesser charge such as manslaughter, would be difficult.

“It is a tough call. No doubt about it,” he said before the charge was filed. “If they’re all in Pony League baseball, it’s like a family. Everybody’s devastated. It’s a no-win situation for everybody.”

The decision to file a murder charge was made by prosecutors at Sylmar Juvenile Court after reviewing evidence from the Sheriff’s Department.

“I reviewed the report, and I believe the facts warrant murder charges at this time,” said Deputy Dist. Atty. Ronald Smalstig, who filed the case. “The 13-year-old struck the victim once, according to witnesses, and then struck the victim a second time in the head, killing him.”

The boy “had a bat bag with him, with a bat inside,” Smalstig said. During the altercation, the boy “took the bat out of the bag and hit” Jeremy.

The boy, who has been in custody since the attack Tuesday night, will be arraigned this morning. The proceedings will be closed to the public because he is a juvenile. Under California law, the boy cannot be tried as an adult because of his age. If he is found responsible, he can be committed to the California Youth Authority until he turns 25.

Kelly Unger, a parent of a Pony League player, said that the 13-year-old should answer to a murder charge, but that her heart still aches for the suspect and his family.

“Two families are hurting equally, just in different ways,” she said.

“A lot of kids have passed through that baseball field,” Unger said. “This is where our kids have become friends. This is where our kids grew up. This has really hit home for all of us in Palmdale.”

Shirley Gasporra, whose son was a friend of the victim, said: “This is hard for everybody. We are torn. Two families are shattered.”

Gasporra, like many others interviewed, said she did not believe that the 13-year-old meant to kill, but added that he clearly meant to hurt the older boy.

Jeremy, a former Pony League all-star who dreamed of playing professional baseball, umpired league games. He also was the brother of one of the suspect’s closest friends. Residents said they still could not believe that the argument between the two boys had ended in Jeremy’s death.

“He had potential. He was a good baseball player,” Gasporra said. “Nobody realized Jeremy was going to die.”

Thursday’s murder case contrasts with another homicide case in Palmdale involving two boys in 1999.

In that case, a 13-year-old Palmdale boy died after he was punched in the face by a 14-year-old classmate in a schoolyard fight. Prosecutors declined to file charges against the 14-year-old after concluding that he had acted in self-defense.

Sue Burrell, a staff attorney at the Youth Law Center, a national advocacy group in San Francisco, called Tuesday’s death “the kind of case that puts the system to the test, as to what our values are in how to handle children who do really horrible things.

“I’m sure there are people who think, no matter what age you are, the system should punish you” to the fullest, Burrell said. “But we have a juvenile justice system because we believe youth have different developmental abilities to make a sound judgment.”

John Mann, another league parent, said he was shocked at the suspect’s actions. “It was just not that little boy for him to act out that way,” he said. “It’s extremely uncharacteristic.”

His children also have found the incident unsettling. He told them that instead of getting angry at the suspect, they should think of Jeremy’s spirit -- his sense of humor and infectious smile.

“Getting angry is not going to solve the problem. Getting angry is not going to bring Jeremy back,” Mann said. “Both families came with a boy. They both left without one.”

Times staff writer Monte Morin contributed to this report.