Girl, 14, admits role in attack

Case is the first to be completed in MTA bus assault

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A 14-year-old girl in juvenile court admitted yesterday her role in an attack on a city bus passenger - a brawl in which nearly every student aboard "rose up en masse," prosecutors said, to join in a fight over an empty seat.

Nine juveniles from Robert Poole Middle School have been accused of beating 26-year-old Sarah Kreager aboard the bus on West 33rd Street in December. Cases against three have been delayed, and proceedings against five others are to resume today.

The first case was completed yesterday, and the statement of facts read in court provided the most detailed account to date of what happened on the bus. The girl pleaded "involved" - the equivalent of guilty in juvenile court - to second-degree assault and conspiracy to commit first- degree assault.

The accused and their attorneys have said repeatedly that Kreager provoked the attack by spitting on one of the students after her boyfriend told her to do so and uttered a racial epithet.

But a statement of facts read by prosecutors and agreed to by the eighth-grader who admitted her role in the attack contained no reference to spitting or any racial remarks made by Kreager or her boyfriend, Troy Ennis, who also was on the bus.

"The bus driver, Danny Williams, would testify that nearly all of the students on the bus rose up en masse and joined in the fight," Assistant State's Attorney Alfred Guillaume said in court. "Students climbed over seats and other passengers to participate in the fight. Ms. Kreager and Mr. Ennis were swarmed by numerous students."

The attack on Kreager was the first of four violent assaults that month aboard MTA buses, sparking stepped-up security by police and a bill in the state legislature calling for tougher penalties for people convicted of crimes on public transportation. The bill failed to pass in the House of Delegates.

Defense attorney Jerry Tarud, who represents the girl in juvenile court yesterday, said he believed Kreager provoked the fight by spitting on another student, Nakita McDaniels, because "eight of the 10 kids gave the same account" after being separated by police after the attack.

"But you can't use excessive force in retaliation to an initial assault," Tarud said, explaining why his client admitted her role in court. "You can respond with no more force than is necessary to protect yourself."

Tarud's client, who admitted hitting Kreager once, did not make a statement before Baltimore Circuit Judge David W. Young. He sentenced her to 40 hours of community service and community commitment at least until December, and ordered her to undergo an evaluation and counseling. He also ordered her to attend school every day, arrive on time, not speak publicly about the incident and write a letter of apology to Kreager.

In an emotional victim impact statement, Kreager, who was homeless, told Young that when the attack occurred, she was already at the "toughest time in her life."

"I do forgive her," said Kreager, beginning to cry. "I hope she never does it again."

Tarud said his client was "extremely nervous" and "does apologize" to Kreager, who was seated next to Ennis behind the prosecutor's table in jeans and a green long-sleeved shirt.

The girl's grandmother told Young that the family was tired of what's turning into a marathon trial on the third floor of Baltimore City's Juvenile Justice Center on North Gay Street.

Opening statements have not yet begun. Attorneys have been arguing over what can be used as evidence during trial since Jan. 31. So far, Young has ruled only one of the teenagers' statements to Maryland Transit Administration Police inadmissible.

"I'm tired. My granddaughter, she's tired," said the grandmother, whose name The Sun is withholding to protect the juvenile's identity. "We've got a life ahead of us. This has stopped a lot of things in our lives."

The Sun does not publish names of juvenile offenders, but in this case, some of the students have spoken to the newspaper, their attorneys have held news conferences and one filed public countercharges against Kreager, which prosecutors declined to pursue.

Assistant State's Attorney Janet Hankin, who declined to comment yesterday, has offered plea deals to all five of the remaining defendants in the case, said Garland Sanderson, an attorney for one of the boys. It is unclear whether any more will accept the offer before opening statements, which could begin as early as Monday.

"I don't consider the state's offer to be a fair offer, which is why I didn't accept the plea," Sanderson said.

The statement of facts laid out what happened on an MTA bus filled with Robert Poole Middle School students on the afternoon of Dec. 4.

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