The Mercury (Pottstown, PA)

Convicted killer could be out in five years

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @MontcoCour­tNews on Twitter

NORRISTOWN » Twenty-three years after he took part in the stomping death of a man during a robbery gone wrong, a convicted Norristown juvenile killer received a new sentence because he was 17 at the time of the crime.

Nathaniel Bunday, now 40, formerly of the 700 block of West Marshall Street, Norristown, was re-sentenced in Montgomery County Court to 28 years to life in prison on a charge of second-degree murder in connection with the Aug. 27, 1994, stomping death of 25-year-old Kyle Ramage.

The sentence means Bunday will be eligible for parole for the first time in about five years.

However, the maximum life sentence ensures that Bunday, if released, will be under the su-

pervision of state parole officials for the rest of his life.

Judge Thomas P. Rogers imposed the new sentence after a five-hour hearing.

Bunday, who was convicted by a jury at a January 1995 trial of charges of second-degree murder, aggravated assault, robbery and conspiracy and was sentenced to life imprisonme­nt, was granted a re-sentencing hearing in light of the U.S. Supreme Court’s 2012 ruling that mandatory life sentences without the possibilit­y of parole were unconstitu­tional for juveniles. In 2016, the high court said the ruling should be applied retroactiv­ely.

The Pennsylvan­ia Supreme Court, in a separate ruling, has said prosecutor­s bear “the burden of proving, beyond a reasonable doubt, that the juvenile offender is incapable of rehabilita­tion.”

Assistant District Attorney Laura Bradbury argued for a sentence of 30 years to life imprisonme­nt for Bunday, who authoritie­s alleged stomped

on Ramage’s head 10 to 20 times during the botched robbery attempt that occurred about 2 a.m. near the intersecti­on of Haws Avenue and Marshall Street.

“The defendant’s actions were both vicious and brutal. Nathaniel Bunday proceeded to kick and stomp on the victim’s head multiple times, over and over again,” Bradbury argued. “He was described by some witnesses as jumping up in the air and stomping down with both feet on the victim’s head.

“That’s particular­ly aggressive and vicious behavior, to repeatedly stomp on a person’s head, which is a vital part of the body,” Bradbury added.

Ramage, who lived in the 500 block of Kohn Street, suffered severe facial, head and brain injuries, authoritie­s alleged.

Defense lawyer Peter C. Amuso sought a sentence of 20 to 40 years in prison for Bunday, arguing that in August 1994 Bunday was a juvenile dealing with a chaotic upbringing and the death of the only father he had ever known. Amuso argued Bunday lashed out without regard for the consequenc­es but did not act with a specific intent to kill and had no malice toward Ramage.

“Now, 23 years later, Nate has grown up in prison. He has matured and has been significan­tly rehabilita­ted,” Amuso argued.

“He is now a model prisoner, hand-picked to be in the vanguard of a program training service dogs for wounded veterans.

“He is not the angry boy he once was but a peaceful man ready to make his contributi­on to society,” Amuso added.

Ramage’s mother testified about the devastatin­g impact of the death of her son, who had a daughter who has had to grow up without him.

Bunday was supported in court by several relatives.

Two other men also were charged in connection with the robbery that turned deadly.

Robert W. Austin, of Eagleville, who also was 17 at the time of the incident, pleaded guilty to charges of third-degree murder and conspiracy and served a sentence of 15 to 30 years in prison, according to court records. With the charges, prosecutor­s alleged Austin, now 40, came up with the idea to commit the robbery and knocked Ramage to the ground with a punch.

After Austin knocked Ramage to the ground, Bunday then took over, going through Ramage’s pockets and violently stomping on his head after Ramage was found not to have anything worth stealing, Bradbury alleged.

Austin testified against Bunday during Bunday’s

“The defendant’s actions were both vicious and brutal.” — Montgomery County Assistant District Attorney Laura Bradbury “Now, 23 years later, Nate has grown up in prison. He has matured and has been significan­tly rehabilita­ted.”

— Defense lawyer Peter C. Amuso

1995 trial.

William Nelligan, of Souderton, who was 21 at the time of the incident, was convicted of charges of simple assault and recklessly endangerin­g another person and served a sentence of 11- to-23months in jail, according to court records. With the charges, prosecutor­s alleged Nelligan was a bystander and kicked Ramage at least once during the attack but was the least culpable.

Bradbury argued Bunday was the most culpable of the three men and that it was his actions that directly led to Ramage’s death.

Prosecutor­s relied on presumptiv­e sentencing ranges, which were developed after the U.S. Supreme Court ruling, to request the 30-year to life sentence. Those sentencing ranges are based on a juvenile offender’s age and the degree of murder of which they are convicted.

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