SCOTUS ruling could reduce Fresno teen's murder sentence

FRESNO, Calif. (KFSN) -- An apology couldn't save a Fresno teenager from a long prison sentence for a drive-by shooting that killed another teen, but the Supreme Court may have a say in how long he stays in prison.

Judge Arlan Harrell gave Marquise Leavy a sentence of 75 years to life in prison. Leavy sat straight-faced as the judge rattled off the punishments he'll receive: 25 years to life for murdering Maurice Graves, another 25 for almost killing Marquise Graves, 25 more because he used a sawed-off shotgun to commit the crime.

Leavy was only 16 at the time, an orphan who had barely known his parents, and his attorney says immaturity and lifestyle gave him a dangerous attitude.

"He's basically been using drugs since the age of 11," said defense attorney Antonio Alvarez. "(He had) just no guidance. Basically, he grew up in the streets and the streets were his parents and this is what happened."

Leavy was a gang member and prosecutors say the shooting was an act of revenge for a previous threat from the Graves' brothers. But from the day he pulled the trigger, Leavy expressed remorse -- even writing a letter of apology to the Graves family.

"He was sorry for their loss, that he wishes he could go back in time, but he realizes he can't and all he can do is say he's sorry," Alvarez said.

The victims' family members didn't attend Leavy's sentencing, but they told Action News they were happy to hear he got 75 years to life.

There is one catch, though: Because Leavy was only 16 when he committed the crime, a recent Supreme Court decision means he should get a parole hearing after 25 years.

"If he can demonstrate he has been rehabilitated, that he has the means and capabilities to be a productive member of society, he can be released," Alvarez said.

Alvarez says his client is the poster child for the Supreme Court ruling. He says given a chance and some structure, Leavy can succeed. But on that June night two years ago, he didn't give Maurice Graves a chance, and the victims' grandmother says Leavy doesn't deserve one now.