“I want to apologize for what I did,” Upton said. “It may not mean anything, but it was a mistake.” His attorney, Gary Bertoni, said Upton had wished the victim family had been in the courtroom so he could personally apologize to them.
Upton, 16, shot 17-year-old Billy Moore after the two exchanged words June 21 at North Portland bus stop.
Upton pleaded guilty to first-degree manslaughter, which is defined as causing the death of another person “recklessly under circumstances manifesting extreme indifference to the value of human life.”
Bertoni said Upton “recognizes that is what he did. It was a horrible act.”
He said Upton did not intend to kill Moore, who had called him a punk, and other insults. He wanted to scare him.
“He admitted he fired at him, but he never thought he would hit him. He thinks he was about 100 feet away,” Bertoni said.
“He’s not an individual looking for a way out. He accepts responsibility for what he did.”
Bertoni said some people might think 19 years is excessive for a manslaughter, but Upton accepts it. The final nine years of the sentence may be cut for good behavior and other credits.
Multnomah County Circuit Judge Eric Bergstrom praised Upton for showing remorse and insight. “You are to be commended for being honest and forthright,” the judge said. “Good luck, Mr. Upton.”
Upton will begin his sentence at MacLaren Youth Correctional Facility in Woodburn.
Bertoni said his clients intends to take advantage of programs at MacLaren and “work himself back to the community.”
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