Judge urges court to uphold sentence for juvenile killer

NORRISTOWN » A Montgomery County judge urged a state appellate court to uphold the sentence he imposed against a Norristown man who as a juvenile took part in the stomping death of another man during a robbery gone awry.

“As demonstrated by the record, this court properly exercised its considerable discretion in sentencing appellant,” Judge Thomas P. Rogers wrote in an opinion urging the Pennsylvania Superior Court to affirm the 28 years to life term he imposed against Nathaniel Bunday at a re-sentencing hearing last December.

“No relief is due,” Rogers added.

In his appeal, Bunday, now 40, formerly of the 700 block of West Marshall Street, argued the judge erred when he imposed a lifetime tail for his seconddegree murder conviction. Bunday also claimed the judge didn’t consider his participation in violence prevention classes while incarcerated.

But Rogers wrote that he weighed several factors in fashioning the sentence, including: mitigating factors; the entire record regarding Bunday’s childhood; applicable sentencing laws; the misconducts committed by Bunday during his incarceration as well as the accomplishments and strides he’s made; and statements from the victim’s relatives.

Rogers said the information he reviewed “provided, in my judgment, a great resource in determining what the appropriate sentence should be.” The judge added he considered all factors and “balanced the positive ones with the negative ones.”

The judge re-sentenced Bunday on Dec. 29 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, who was 17 at the time of the killing, 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 supervision of state parole officials for the rest of his life.

Bunday, who was convicted by a jury at a January 1995 trial of charges of second-degree murder, aggravated assault, robbery and conspiracy and originally was sentenced to life imprisonment without parole, 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, said prosecutors bear “the burden of proving, beyond a reasonable doubt, that the juvenile offender is incapable of rehabilitation.”

During the re-sentencing hearing, 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.

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. Amuso claimed Bunday has been rehabilitated.

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 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-23-months 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.