The Fire on the 57 Bus in Oakland

Feb 01, 2015 · 669 comments
Ashley Handlin (new york)
i can't believe the comments calling for leniency... must be a really tough dilemma for liberals: LGBTQ hate crime vs racist justice system? Please.This is like a conservative's dream, watching liberals pain themselves over which "victim" to support.

Newsflash to all of those calling for leniency: at 16 years old, you should know that lighting people on fire is bad and might kill or seriously injure the person. don't pretend that 16 year olds are precious little children who need protection from the system. and not holding people accountable for their actions due to identity politics is racist. This P.C. culture has got to stop - New York magazine got it right in this weeks edition.

Sincerely, a liberal who feels compelled to call out others on their identity politics BS.
Bonnie C. (Rye, NY)
Richard did something terrible, yes. But he has owned it, and he has apologized for it. He has done all he can do with his hands essentially tied by our so-called justice system. All one has to do is read the story of his life thus far to know that this is a good boy surrounded by circumstances beyond his control that may or may not destroy him. By sending him to jail for seven years just as he approaches some of the most important, formative years of his life we are all but assuring that destruction. And DA Nancy O'Malley should be ashamed of herself for her role in it.
The story is full of tragedies. Not the least of which is that, while a kid like Richard whiles away long years in jail, a kid like Jamal is still out there, trouble looking for a place to happen.
Chelmian (Chicago, IL)
Suppose we don't think about it as a hate crime, just as attempted murder. Life imprisonment seems appropriate to me for setting someone on fire. Richard got off easy.
ConcernedCitizen (Venice, FL)
Many of the responses allude to telling us 16-year olds lack "... the understanding, moral judgment and impulse control of an adult" or in general are incapable of of coming in out of the rain without assistance.

I disagree. What they are telling us is contra-indicated by the thousands of 17-year olds who volunteer to serve in the U.S. Armed Forces and are willing to serve in harm's way to make this a better world for all of us. They are also telling us that the current generation of teenagers has no responsibility for any inappropriate or adverse actions that result in harm to other people.
Lindsay Smith (toronto Ontario)
The shame is everyone loses. When bad thing happen you hope lessons are learned .. that there is some form of education. None here. I understand how living a non gender life has difficulties.. however there needs to be some sense of compassion. There was none here. What a shame that everyone loses in this story.
Todd Fox (Earth)
There's an insidious sort of racism. It manifests as one group holding another group to a much lower standard than they hold themselves. Those who expect less of young Black men in terms of conscience, intelligence or understanding of the consequences of their actions may believe that they are showing compassion but what they are really demonstrating is a lack of respect.
BerkeleyMom (Berkeley)
How disingenuous of the Oakland DA! O'Malley's actions couldn't be more transparent but is par for the course considering Oakland's past and present for prosecuting blacks versus whites. Is punishment due Thomas? Absolutely it is, but not as an adult and not a hate crime. I Iive in the Berkeley/Oakland community, grew up here, attended college in the area, started a career in Silicon Valley, returned to and am raising a family here. I know the disparities between whites and blacks in the "liberal" East Bay because I've observed and continue to live it. These same disparities which created unequal educational opportunities in K-12 Oakland-Berkeley schools when I was attending, was barred to many blacks, eliminating would be black UCB student body. For some this resulted in the mayhem inadequate education, unemployment, and over policing causes. Come to Oakland today, find a fever pitch gentrification and ample opps galore, if you're white. The energy is comical (given the being money pumped into Oakland now only because well-employed white people want to live here) if it weren't so tragically impacting and displacing black and brown Oakland citizens. Go to Pandora, Ask, and Oakland tech start ups daily who are proud to be "Hella Oakland" yet too biased to hire among many of Oakland's educated and qualified black and brown professionals. With O'Malley and gentrification, black kids will continue getting life sentences while REAL hate groups continue be ignored.
Bos (Boston)
Mr Du Bois: “It’s punitive,” he said. “And for what? Protecting the community by making this kid into a real gangster?”

Sadly, Richard Jackson was on the way to gangsterhood before this. While outsiders don't know what the persecutors were thinking, making him fulfill certain conditions seems to be reasonable. Mr Jackson did a sting at juvie. So this is not some innocent act gone awry.

The author should understand: there is no miracle program but Mr Jackson's sincerity to learn the lesson himself
Oakbranch (California)
As tragic as it was that Sasha suffered the burns that he did, I believe that the severity of the case against Richard Thomas was misguided. One of the problems with the justice system as it is now, is that too often it compels us to look at the surface of things, and ignores context. I think real justice requires looking at context, and the perpetrators intentions. It seems to me that Richard intended not to seriously burn Sasha, but to pull a nasty prank on him. Particularly given his age, and his level of maturity, I think that should all be factored into the situation. And I agree very strongly with those commenters who say that this is a case where a restorative justice approach would be FAR more appropriate. Sasha was seriously burned -- that fact cannot be changed. But wouldn't it be better for us all if Richard emerged as a man with a softened heart, more compassionate towards people with gender-fluid expression, because instead of being thrown in prison, he was required to do community service for people like Sasha?

Depth psychology understands that we are really all both masculine and feminine, though some of us experience both genders more fully. While I support the right of each person to define themselves, I feel the use of "they", "them", and "xe" to refer to individuals sounds silly and mitigates against taking such individuals seriously, and therefore I refuse to use these terms. I have a right to my worldview as well.
Todd Fox (Earth)
I agree that it would be better if Richard had a change of heart but what community service do you think people "like" Sasha require exactly?
Ross Salinger (Carlsbad Ca)
As you read the article, try to prise out from it, exactly WHY someone committing a crime should spend more time in jail if it's classified as arising from hate as opposed arising from any other cause. I have yet to see this position argued logically and this article continues that trend. If you commit a criminal act, our constitution implies should be punished for the act (equal protection) and if possible rehabilitated so that you don't do it again. If you did it because you hate a particular group of people then the rehab phase should take that into consideration. Given the idea of equal protection there is no logic to making it "more" of a crime to burn a transgender person than to burn a senior citizen or a fat person or a bald person or a person wearing red. These laws are probably well meaning but violate the spirit and the letter of our constitution and common law. Even leaving that aside, how on earth are you going to PROVE that the crime was committed due to hate? The fact that I hate say Hispanics and rob one doesn't mean that the robbery was due to the hate. This whole idea simply results in selectively punishing people at best for their point of view and probably quite often (unless the police have learned to mind read) for no actual reason at all in many cases exactly like this one.
MrMister (nyc)
I used to live in Oakland near where this occurred. I remember once looking out a bus window and seeing someone riding past on a bike toss a cup of water at a pair of genderqueer young people walking down Telegraph Ave in Temescal. This hateful not particularly violent act stunned me for a moment and had a lasting effect for months - it made me wary of an entirely new group of people, people riding bikes past me. I'm concerned about Sasha not expressing more anger. I can identify with the pressure to be quick to forgive, to minimize your pain. Which is just to say, I wish the article had included more discussion regarding the lasting trauma such a barbaric assault caused the victim and members of the community. The lasting terror is the real reason we prosecute these crimes.
M (Milnes)
I am sorry, but when you set a sleeping human being on fire, to me it does not matter whether the person is black or white or transgender or you were "just making a joke" or not. This type of act shows a serious lack of judgment and compassion. It is, as someone else said, barbaric. 16 years old is old enough to comprehend that someone could be very seriously injured or killed by such an act; it's not like you had an 8-year-old playing with a lighter.
I can't help but feel if all circumstances were the same except that Richard had been a white young man and his victim had been a minority, there would have been an absolutely huge outcry from people who would have been howling for justice. There is an undercurrent in this story of wanting to excuse Richard not only because of his age but because of his race and the violence in his neighborhood. Perhaps a 20-year sentence is inappropriate, but a slap on the wrist is also inappropriate. I am not surprised the sentence was increased to 7 years; frankly I'd have liked to see 10 years.
Chris Brady (Madison, WI)
Lots of reactions to this. There are clear signs of immaturity in Richard's communications and behaviors to remind us that he's still a minor, and there are good reasons to treat minors with a little more flexibility in the legal system. It's a shame he couldn't remain anonymous and have a chance at this fading away over time if he can get his life back together.

Can't say I'm a fan of the "Hate Crime" enhancements in this, or other cases, insofar as it creates to much of a web of unspoken, undefined "protected classes" and how do you define an aggressor in crimes like this as being motivated against the "protected class". Too confusing and open to being wielded against people that aren't the neo-Nazi archetype of what the law is intending to target. This case seems to illustrate that. Richard wasn't part of an organized hate movement, and if he was that would only help ensure his conviction on an assault charge without "hate crime enhancements".

My opinion is to drop the notion of "hate crime" and focus on the fact that this was violent crime. And when it comes to that, I don't see too much of a difference between 5 or 7 years in prison. At the end of the day, Richard set someone on fire. He deserves his anonymity, and a second chance upon release - but some time is definitely needed away from the rest of us while he develops better impulse control.
H. Munro (western u.s.)
Lacking the grasp of sophisticated legal concepts, can someone help me understand one the finer points of law?

This is the situation: based on the prosecutor's feeling about the heinousness of the act with which the juvenile will being charged, the prosecution decides to charge/try the child as an adult and strip the juvenile of protections to which they are otherwise legally entitled. Okay so here is where I'm stuck- isn't there an inherent finding of guilt in that situation? Hasn't the prosecutor already determined the juvenile is guilty of this exact heinous crime?

My memory of it, and I am old, is such discretion was intended to be used in quite a narrow set of circumstances- involving gang violence.

I agree the act is terrible, wrong, criminal- but in the end the mayhem and hate-crime aspects were dropped and Richard was charged with assault - as an adult.

Another legal question, the sudden change in the plea offer took place in the courtroom in such a way that it seemed the kid - who really is young- had to make a sudden decision with little time to consider or communicate with counsel. Is that what we want? The prosecutor has so much power in this instance that the change feels bullying.
Christopher Rillo (San Francisco, CA)
As a San Francisco resident, I had a visceral reaction to the article which attempts to portray Richard Thomas as a basically good kid who was slightly flawed. Thomas, who is not a child, didn't grab a paint can and graffiti a bus; rather he took a lighter and set another kid on fire, causing massive injuries. The article paints the action as impulsive, an act that Thomas characterizes as a "terrible mistake." It was both. So are many homicides where a young kid pulls a gun out and nervously shoots a robbery victim who is attempting to flee. His lawyer rightly believes that the sentence was punitive. It was. For our protection, we need to segregate Thomas for a sit down in state prison before he grabs a gun and shoots someone. Will he come out any better? Probably not, but he won't be terrorizing innocent bus riders while he sits in Soledad or Corcoran. And he offends again? I am sure that te prosecutor will demand a harsher sentence which will warehouse him. As one judge stated, he end up doing life on tyeh installment plan.
partlycloudy (methingham county)
He needs to rot in prison for decades. This was a deliberate act. While the article is great and well written, it shows only the things that make the arsonist seem good. What about when he was out on the street, both as a juvie delinquent and before this crime? He was not just skipping school. I've dealt with 14 yr olds who committed cold blooded murder, and 11 and 12 yr olds who molested 3 and 4 yr old kids. People need to do a stint in juvie court to find out that there are predators and victims, no combos. This arsonist is a predator.
Kevin (New York, NY)
Here is a story that lays bare all that is wrong with our system of justice and all that is wrong with the people we entrust to exercise it. Richard is not a criminal, just a kid who acted out a moment of shared meanness without realizing the consequences. There but for the grace of God go a lot of us.

A good outcome would be to release Richard with time served and the stipulation that he attend other schools and speak about hate and consequences. I feel fairly certain he would do this with a certain passion. This would be a constructive judgement for both society and a young, misled boy from a bad environment.

Sentencing Richard to prison, particularly as an adult, is a hate crime. I expect Sasha, who seems especially intelligent, would agree.
Ami Kaplan (NYC)
I would hope that part of Richard’s rehabilitation would be include some education on what gender variance is, gender dysphoria, gender identities and on what gay means (sexual preference). It also seems that the cops in this case need some education as well.

Also Sasha’s gender identity is not on trial here.
Kathleen (Oakland, California)
Neuroscience research is clearly indicating that the pre frontal cortex of the brain does not mature until around age 25. The pre frontal cortex functioning includes impulse control. Add to this the fact that teenagers of any race are deeply influenced by peer pressure which happened on the bus with the perpetrator's friend.

I live in Oakland and find this story very disturbing and most of my sympathy goes to Sasha and her family. Saying that I do not agree with trying teenagers as adults in any situation. It is political posturing that ignores what science tells us about the young brain. On the other hand we have to provide consequences for criminal behavior. The majority of violent criminal offenders come from troubled backgrounds but as a society we have to protect the safety of all. In the case of a juvenile, we also have to change a system that is broken and often involves cruel and unusual punishment to young people instead of a supportive environment to help them to change.
Bos (Boston)
This neuroscience thing is highly questionable considering a few generations ago the short life expectancy made people grow up faster.

Also, people should stop using "cruel and unusual" as an excuse. No, I am not the crime and punishment type. However, being too lenient can also back fire. Today is setting someone on fire, tomorrow the world!
MCS (New York)
He may not be a thug, nor a bad person, but he made a terrible mistake that caused severe injury to another human being, an injury that may create health problems in the future, not to mention psychological scarring. Richard may not understand this, and certainly his parents are doing their job by defending him, but he must pay the punishment for his actions. Though life in prison seems excessive.
Felipe (Oalkland, California)
What a tragedy. I'm somewhat surprised by some commentators' focus on punishment for a stupid prank conducted by an insecure kid, egged on by his peers and presumably done to impress them and reduce a little of his insecurity. It's something I could have done at age 16. And, certainly, he had no reason to suspect the dress would be engulfed in flames rather than quickly burn out with a few hot embers. We have 100s of 1,000s of traumatized adul PTSD sufferers from our foreign wars and how many more traumatized kids by the literal wars in our urban neighborhoods? How can we realistically expect these folks to behave rationally 24/7? And how on earth can we "hold accountable" (i.e., ensure their rapid entry into a permanent and ever-growing violent underclass) a struggling traumatized 16-year-old kid? The specifics of a criminal act do not suddenly make a 16-year-old morph into an 18-year-old or a 21-year-old (as a society, we seem confused about the age of majority with voting rights at 18 but rights to drink alcohol at 21) so how is trying a juvenile as an adult not, in itself, a crime against humanity for which the US justice should be held accountable by the international community?
Michael H. (Alameda, California)
These are the kinds of "children" who made it so difficult for my mother, in her 80's, to navigate through Oakland and Berkeley. After she needed to stop driving, taking buses, including the 57, was how she got around.

She wanted to keep her independence and refused to move. There were times of day, after the middle and high school kids were released from school, that she couldn't walk down to the corner store to go shopping. People should be able to travel their city and ride public transportation without being terrorized.

Jamal, laughing because his buddy lit someone on fire. But a coward at heart - yeah, I've seen his sort, way too often. Watch the old people cringe when they get on the bus, and try to stay close to the driver. Richard Thomas and his ilk are thugs, terrorizing the city of Oakland.

I was raised by a single mother in Oakland. And there are lots of children, of every color, growing up poor in Oakland, who turn out just fine. I have no sympathy for those who choose to turn into thugs. As other's have mentioned, I'll save all my sympathy for the people who have to live around this antisocial behavior.
Stephen Thewlis (Bali, Indonesia)
Only in America do we "expect" that teen-agers will commit anti-social behavior as a normal part of growing up. I,too, have watched high-school and junior high school "thugs on the bus" (of various racial backgrounds) terrorize fellow passengers for sport. This doesn't happen in Asia; this doesn't happen anywhere else but the land of the free and the home of the brave, where permission is granted for astounding acts acts of rudeness and social hostility in the name of "adolescent foolishness" --sparing the rod indeed spoils the child!
TV Cynic (Maine)
Richard Thomas’s lawyer: “…But as for a boy wearing a skirt, he went on, “the kid who thinks that this is anomalous and decides to play a prank is not committing a hate crime.” Some kind of prank: torching the clothing of a sleeping victim. The most important corollary to democracy is protections for minorities. The defense attorney Du Bois while clearly in his client’s corner is a scary voice for human rights to be running amok in society. But there appears to be a large segment of American society just as willing to deny human rights to those different from the supposed mainstream norm. The anti-gay-marriage crowd comes to mind.

Richard Thomas, in a letter to Sasha: “I had no reason to do that to you I don’t know what was going through my head at that time.” That’s a mouthful from a sixteen-year-old kid and probably that guilelessness should be the largest reason for not trying him as an adult.

As diverse as they may be, the institutions that educate our young, aside from teaching employment and citizenship skills would do well to work at imparting recognition of those who are different from the mainstream and their right to be, as well as realizations of compassion and empathy toward them.
Brad (Cazden)
Fantastic piece. It connects so much of the heartbreaking division in our society. It's awful what happened, but the response is really inspiring. I am so impressed with Richard. It would be great to hear about what happens to him.
As for our justice system, it is archaic and anti-social. It is time for a change.
Eddie Brown (New York, N.Y.)
Only a vicious criminal would equate lighting someones clothes on fire with a harmless prank. Richard Thomas is a vicious criminal. He is where he belongs.
Usner (Lancaster, PA)
Clearly folks need to be held accountable. I've not read all 700 comments, but I'm wondering about the cheap, non-flame-retardant material that was also part of this story. Had it been a denim skirt, it would have smoldered, cuff on wrist, a bullying charge perhaps, but no more. I think it may be fair to think that it was kids horsing around, albeit stupidly, who never anticipated the outcome. I would have at 16. A friend who while cooking brushed to close to her stove and her skirt too instantly ignited (not caught fire) leaving her hospitalized and needing the same sorts of grafts. They sued the clothing company. The point is that there seems an element of accident in all of this that should have been part of the story. Who among us, especially the famously unfinished young men, even the best behaved, hasn't been in a similar situation in which we narrowly avoided having our stupidity becoming life altering. Moreover, incarceration, black or white, accomplishes little if nothing. (cf. M.Alexander's The New Jim Crow).
Ms. Zxy Atiywariii (displaced New Yorker)
Usner of Lancaster, my heart goes out to your friend who was burnt.
Americans, we need to know: CLOTHING IS NOT REQUIRED TO BE FLAME RETARDANT UNLESS LABELED AS SUCH.
It's fortunate Sasha wasn't wearing a nylon skirt, or Sasha's burns could have been even more severe; and nylon stockings can melt in car accidents or plane crashes.
That said, no one should be at risk of being set on fire while riding a bus!
Lisa (Maryland)
This story is also about economic inequality. Richard's mother worked 12-14 hours/day. It is hard for a parent to be a positive influence in their child's life, or even know what their child is doing and with whom, when they have to spend almost every waking hour just trying to keep a roof over their head.
Ashley Handlin (new york)
Both of my parents ran a business and worked 60+ hours a week, and somehow i managed to not set anyone on fire. Amazing.
Horace (Bronx, NY)
Jamal was acting in concert with Richard and by law should be charged with the same crimes. Since he provided the weapon this is indisputable.
Jane (Sacramento)
I'm really amazed by the number of commenters here who keep saying "he set a kid on fire" when talking about Richard. Did you not read the entire article to know that Richard is also a kid? The story was very clear. Perhaps it's because he happens to be a young black man and was charged as an adult that automatically makes him an adult in your minds. When you cannot empathize with a 16 year old who made a stupid mistake which even the victim and their parents acknowledge should not be so harshly treated, there's a problem.
JY (IL)
“I’ve also been hurt alot for no reason, not like I hurt you but Ive been hurt physically and metally so I know how it feels, the pain and confusion of why me I’ve felt it before plenty of times.” These words from Richard are touching, although they came after Sasha was injured. At the same time, I am confused by Richard's mom saying repeatedly "God is Good" as if she were blind to Sasha's injury and pain. What concerns me is she is a parent to a 16-year-old.
peter fittipaldi (calfornia)
I lived in San Francisco, and Oakland for many years.
I DO NOT condone what Richard did in any way. that said, what world do Debbie and Karl live in, that they would allow their child to wear a skirt and take public transportation? Really? Karl was "beat up while jogging," because some guys thought he was gay. Maybe that might have been a clue?
I'm sorry, but the real world, day to day, is not some fantasy land for "they," Sasha. If you're willing to take your lumps for that kind of freedom, well, ok, go ahead, and pray.
Cato (California)
As a resident of Oakland, I'm very interested in this story and have been since its first reporting; however, I'm also quite offended by the following statement:

"O High, as it’s known locally, is the oldest of Oakland’s high schools (Gertrude Stein attended it). While it draws Asian, Latino and African-American students from throughout the city, the school is spurned by the white families who live nearby."

Anyone of any color avoids "O High" if they can afford to, and the idea that "white families" only spurn it is in itself racist. First of all, there are plenty of white families that do go to "O High"; secondly, there are plenty of Asian, Latino and African-American who avoid it like the plague. Oakland Hills, Berkeley Hills, etc. are upper income neighborhoods that are filled with diversity, but reading the "spurned by white families" statement sounds like there is a wall between the White families here and everyone else. Report the story; don't stir hatred and animosity.
Steelmen (Long Island)
Please, let Richard come out of this a young man with a future. What he did was terrible but nothing indicates he intended actual harm.

Think back to when you were 16--you thought you were invulnerable, if you thought at all, and you certainly didn't think about consequences. And in a small crowd, people do things they wouldn't ordinarily do. Please surround Richard with the right people who will get him onto a path toward a decent life, and let this not be the last time or only thing we hear about him. Think of the lessons he could impart to other young men if someone helps him.
And how does this DA get away with this sentencing stunt?
Best regards to Sasha and his family, who eschewed vengeance for understanding. Good for them.
knewman (Stillwater MN)
Good for us! We have taken a 16 year old kid who did something really stupid and put him into a environment where there is a high probability he will turn into a thug. As a society, we are going to spend 10's of thousands of dollars to do nothing more than warehouse Richard, and give him an education in how to be a criminal. Think of the outcome.....Richard is not going to get any "treatment" and probably will come out of prison angry and with no job skills. Even if he doesn't get into trouble again, he will probably be marginalized, poor and underemployed for the rest of his life.
If we really cared about rehabilitation, wouldn't the money be better spent putting Richard in a place where he could complete high school, finish college and get real treatment? A productive person could be the result of that program.

We long term incarcerate people solely for punishment, and by creating a new crop of angry, alienated young men who will add little to society. This is just wrong. Cruel and wrong.
mayelum (Paris, France)
Just too bad! Richard is sure to come out hardened. And the society is going to have to pay for that. A chance to help a disadvantaged kid is lost...perhaps forever. What a shame.
Theo's Parent (Sacramento CA)
As a former public defender, I am deeply troubled by the prosecution of Richard Thomas as an adult. As a lesbian, I am deeply sensitive to the impact of homophobic and transphobic harassment and violence -- while ambivalent about the use of criminal hate-crimes enhancements to address the problems. As the parent of a young person with a non-binary gender identity, I applaud the Fleishmans for their support of Sasha. And as a long-time NYT subscriber, I implore the Times to revisit its policy regarding pronoun usage. All individuals should be referred to by their preferred pronouns. It is a basic matter of respect. Thank you, Dashka Slater, for your commitment to not mis-gendering Shasha, even while constrained by the Times' unfortunate policy.
jrs (New York)
A crime was committed, and a victim of that crime was egregiously injured. A person who commits a crime is by definition, a criminal. It all sounds so simple, but of course, beneath the surface the facts are far more complex. The punishment was correct even if the prosecution may be flawed. It is sad that incarceration may not be the best route for a youthful offender, that statistics show that far too often it leads to even greater criminal behavior on release, but how else do we maintain a society in which innocents are protected from the heinous acts of thoughtless or cruel individuals? Beyond the troubling facts revealed in the article, I can't help wondering about the shady figure of Jamal—the abetter, instigator and in fact by all accounts, the source of both the hateful notion of the crime and also the weapon itself. Isn't there some way that those who stir the hate, urge on the crime, can be held accountable? Is there no crime of aiding, abetting, plotting the eventual criminal action? The crime could have been far worse. The circumstances for an even greater tragedy were all in place. A crowed public setting, an enclosed space where escape was difficult or even impossible...this was far more than a juvenile prank. The punishment fit the crime, but was justice served? Where is Jamal now? Not on my bus I hope.
Joe Pearce (Brooklyn)
I don't really know just how I feel about all of this, but I do know that this business of adding years onto a sentence if the motive for a crime involves 'hate' (read 'dislike', 'non-acceptance', etc.) is intrinsically wrong-headed. A crime is a crime, and should be punished as such, without regard to motive (unless the motivation is self-protection, but in that case it would hardly be a 'clear' crime and charges would surely be reduced for extenuating circumstances); otherwise, it is not my action that becomes illegal, but my very freedom of thought! Obviously, this kid did something extraordinarily stupid, but inspired by hatred? I think not, and it seemed to take a lot of tricky questioning for the detectives to elicit that motive out of the kid. At the same time, I cannot ever recall any incident involving myself or anyone I have ever known where a solution was to set another human being on fire. So, as I started out saying, I just don't know how I feel about this. But here's my 'hateful' comment which will surely bring condemnation from some readers: Even though there is no overt discussion of race here, I do not think this story would ever have made it into the Sunday Times had the perpetrator been a poor white kid, or had both perpetrator and victim been of the same race, whether white or black. Is that hate speech? I think not, but if you do consider it such, please have the good grace to refrain from setting me on fire if we should run into each other!
TV Cynic (Maine)
I'd just like to remark on the courage of Sasha Fleischman to be free, to be--simply put: to be. To live as herself (please forgive my lack of skill in pronoun use), as Sasha wants to be, sets her apart from large segments of society. In our time, our point in human history, I cannot but think back to all the untold people like Sasha (and myself) who were different but not free to be. Untold spirits have been fettered and crushed because their being did not fit the mold of the herd. And now someone with Sasha’s grit and courage stands up and dares TO BE.
RJS (New Rochelle, NY)
Thank you, Ms. Slater: Excellent reporting.
sarai (ny, ny)
The young man who incited Richard to commit this crime deserved to be brought up on charges as well. Setting someone on fire is a horrific thing to do, the person could have easily died were it not for the brave intervention of a bystander who probably suffered some injury as a consequence. I don't see what Richard did as a youthful prank, and it's not like being a pickpocket or an act of vandalism-- the victim had to endure long and terrible pain and his legs are probably scarred for life. A seven year sentence with some years lopped off for good behavior I think is quite lenient and the perpetrator and his mother should feel grateful.
Wayne Dawson (Tokyo, Japan)
A very thoughtful article that tries to look at both sides.

I don't even want to think of the number of foolish things I did when I was that age. We see a lot of cruelty at that age, and we are easily tempted to be cruel. Reflecting back on those times, I am sure Richard's actions were impulsive, not evil. Teenagers and trouble. Lord knows what kind of folly I might have found with my hand on a lighter some 40 years ago, when I was that age.

The best we can hope for now is that somehow by some unfathomable Grace, both folk are changed for the better from this ordeal --- that somehow, Richard works hard at his education and becomes a good servant to the community, and Sasha too.
Johnson (CA)
Let's try a different outcome. The skirt fails to ignite and Sasha awakens to three boys laughing and possibly taunting. Then what happens? They tell Sasha it was just a goof and leave Sasha alone? What if Sasha insults them or demands an apology? This situation ends poorly even if Sasha is not burned and disfigured and saying it was a simple miscalculation is naive. Those boys were looking for an outcome where someone else is humiliated and upset. It's a hate crime no matter how you look at it.
William LeGro (Los Angeles)
"And each year, dozens of black men and boys are murdered within the city limits."

If instead, the fact was this - "And each year, dozens of white men and boys are murdered within the city limits." - what would our society's response be?

There could not be a more stark illustration of the disappearance of hope among black males.
Jack Belicic (Santa Mira)
The criminal justice system is not private litigation; society in the form of criminal laws decides what is right and wrong, and the punishment. It is actually as arbitrary as everything else arbitrary and discretionary in the system to base the actions taken on the views of the victim. The forgiving views of domestic violence victims are today totally discounted as the confused, submissive views of the battered spouse who is in the thrall of the perpetrator. Why think otherwise in this case? "Bad choices" and a bad home life as mitigating factors proffered by criminals will not bring back the murdered or help the other victims of crime whose peaceful lives no longer exist. Free will and voluntary choices and action still exist and must be exercised within the constraints of society.
H (North Carolina)
It's time to think out of the box. Cases like these require some sort of deterrent and reeducation for those who commit these acts. But putting this juvenile offender into a system that could possibly turn him into a criminal is not the answer, just as giving him a pass for his actions isn't.
Sarah Smith (Somerville, MA)
I want to know how we can help.
mariar (NYC)
I beleive that Richard Thomas received just punishment. Sasha will look down at his legs everyday of his life and see what Richard did. Richard got off lightly he and his family can forget it ever happened in a few years. He can forget that he might have received a life sentence too.
Carol Anne (Seattle)
Public transportation should be safe for all riders. Sadly, it isn't. Here in Seattle people have been robbed, stabbed and shot on buses. Sasha's parents should have provided their kid with private, safe transportation. The #57 bus (and the other two lines) were unsafe for someone so visibly "different." It shouldn't be that way, but realistically in a city like Oakland, that's the way it is.
David (Brooklyn)
Dashka Slater- this is a most amazing piece of writing where the author vanishes and it's just the story that remains. Great writing! I plan to use it in my high school English writing classes. Thank you!
Linda Dodson (Athens, GA)
That we could all be so forgiving.
Candide33 (New Orleans)
Thank you for writing this from beginning to end. It was very well written, enough details to make an informed opinion and very moving, something that does not happen in newspapers very often.

I can't help but think that by the time Richard approached the truant office, it was already pretty much too late for him. It was a case of too little, too late, he needed supervision and stability long before that. Impulse control is something that can be taught but there are not enough hours in a day to work on such things at school unless the child has been classified as needing special education services.

As a retired special education teacher, I have often thought that some special ed training and techniques would benefit most students. With such huge chunks of the educational budget going to places like Pearson for high stakes testing, even the special education students are not getting services that they need.
claudia.wiehle2 (Melbourne, Australia)
I cannot believe the sentencing laws in your country. He could have faced life in prison????? Even the five year sentence is way too long. Did anyone take note of the poor boys past?? Yes, both boys did not have it easy, but Sasha went to great schools who encouraged his diversity and genderqueer. How can a young boy (and don't forget he is a boy) who has been surrounded with so much tragedy in his life have any concept of what a little lighter would do. All he knows is your religion - GUNS. He does not need any time behind bars, he needs psychological counselling and grief counselling. His punishment would be a set number of hour of community work at a GLBT charity or similar.
In Australia, names would be suppressed even if they are charged as adults. Any name cannot be released to media till 18 or is granted by the court as a right to know or of interest to the public. Our sentencing laws are more lenient than the USA, and he probably would not have gotten a jail time for the offence. No wonder your jails are full, and now another criminal has been born instead of one being led down a path that maybe would have gotten him to college.
LR (NYC)
It's insane and extremely tragic that there are not more checks on prosecutorial "discretion," given that prosecutors have no incentive whatsoever to err on the side of leniency, even when every aspect of a case's circumstances demand some measure of mercy. No incentive, that is, other than their own desire to be able to sleep at night.

But what about the thousands of prosecutors who are selfish and careerist and convince themselves that they're being righteous when they seek draconian penalties? O'Malley, I'm sure, doesn't think of herself as a grotesquely selfish person who sacrifices other people's lives to her own ambitions. She believes her own distortions--that Richard Thomas deserved to be charged as an adult and given seven years.

The capricious last-minute addition of the two years is truly loathsome. Just because you committed a crime doesn't mean you're, as Richard Thomas keeps saying, a monster. But she treated him as worse than a monster--as trash. She just casually threw an extra two years of his life away, like it was worth absolutely nothing. Disgusting.
Amy (Nevada)
How could a 16 year old anticipate that flicking a lighter on a skirt would result in "a wall of flames"? How did that even happen, synthetic fabric? This seems like a prank gone wrong. I don't understand why Richard was charged as an adult for this.
Tom Leykis Fan (DC)
Why on earth are you sending your young child to "alternative" schools immediately after preschool?
mutchens (California)
You don't know Oakland. You don't know California schools. It's about safety, dear sir.
TimothyI (Germantown, MD)
Why on earth is it any of your business? Some people want their children to grow unsaddled with the typical clique structure found in most schools, public and private. It hasn't exactly served our society well.
tallguy (oakland)
i'm seeing this as both their faults. obviously nobody deserves to be set on fire but also don't be a dude wearing a dress in the middle of the hood!
Eli Butcher (New England)
Not so long ago whites in the South would have said something terrifyingly similar to a class of people they didn't approve of either. namely young African American men. And they too thought it perfectly acceptable to back that disapproval with contempt and violence.
Casey (Indiana)
Sasha isn't a "dude", and everyone should have the right to wear what they want without being literally afraid of death. This was in no way their fault.
Maggie2 (Maine)
Another heartbreaking story in the annals of our so-called system of justice where vengeance seeking mean-spirited prosecutors with oversized egos have far too much power which they often abuse. One wonders what the outcome would have been had young Richard been from a wealthy white family with influence in the community? I suspect it would have been a slap on the wrist and perhaps some community service. Being "tough" on crime in this manner might make prosecutors on tv shows look like the "good guys", but in reality, they are often power hungry cogs in an unjust corrupt system which urgently needs reform.
Sandee (Houston, TX)
Richard had so little impulse control that he couldn't stop himself from lighting another human being on fire!

If the situation were reversed, if wealthy white Sasha had lit poor, black Richard on fire, then fled the scene, then told the police he did so, once caught, because he hates black people? You REALLY think that's fly?!??
Nicolas Uribe (Cali, Colombia)
Let's say you are rich. You have a perfect right to wear costly clothing, an expensive watch, fine jewelry. You also have a perfect right to walk through slum areas. But would you do so? For God's sake, let's see some common sense!!!
Brian G. (Silver Spring, MD)
Why is it that DA's are all such loathsome and awful people?
Sandee (Houston, TX)
DA's not the slightest bit loathesome. Richards actions were!!
cheddar (Twin Cities)
After school in junior high, we used to take a very crowded city bus home. Way in the back, some kid would have a lighter and try to set the fringe of another kid's bell bottom jeans on fire. There would just be a tiny flame, everyone would laugh, and the jeans wearer would pat out the flame if it hadn't gone out already. The jeans themselves didn't seem that flammable. I'm not sure what the boys on Sasha's bus had in mind, but the skirt fabric did seem unusually flammable.
Ms. Zxy Atiywariii (displaced New Yorker)
Yes, Cheddar of Twin Cities, thank you for sharing this! It's been known to happen on Minneapolis buses even more recently, when "retro" jeans made a comeback. They're widely available at "vintage" clothing stores, and don't burn readily. I know an adult woman who even burnt the fringe off a pair of jeans for The Walking Dead tour last year: the fabric smoldered, but she couldn't get it to burn with a lighter, she actually had to hold a candle under it.
Kids see cartoons where fire "pranks" cause no PHYSICAL damage, and need to know that many fabrics have the potential to erupt into a ball of flame. Diaphanous skirts allow more oxygenation than jeans, and can be especially dangerous.
But most of all, kids need to know that "pranks" against kids who are different -- whether by race, gender, religion, clothing, or whatever -- are really just bullying, and wrong.
Todd Fox (Earth)
Would it have been appropriate for the writer to discuss homophobia in the Black community in Oakland? It seems like there's a piece of the story that's missing.
VB (New York, NY)
Why is there so much concern for Richard and not for Sasha? Sasha has been scarred physically and mentally. Sasha may be moving forward with his life, but it does not mean that Sasha has fully recovered. Can you imagine being set on fire while you're sleeping?
LJ (NY)
The forgiving spirit of Sasha and his family makes me want to try harder to forgive the various trespasses I encounter in my own life. This is the awesome power of forgiveness and what Jesus and other prophets mean when they tell us to forgive.
Jeane (Oakland, CA)
As the gentrification of Oakland continues, there is an even greater push to be 'tough on crime.' However, Ms. O'Malley, you know as well as I do that prison has a better record of DEVELOPING criminals, not reforming them. As one of my elected officials, I'm ashamed of you. And that you let the instigator get away scot-free...that makes it even worse. Richard is a kid who could have been 'scared straight', and instead you've thrown him to the wolves. That even the victim's parents didn't want Richard imprisoned, should have told Ms. O'Malley that what she was doing was legally right but morally wrong. It was her call, and frankly, Ms. O'Malley, you just blew it big-time.
The Count (Chicago)
As a native of the Bay Area who recently moved, this story encapsulates all of the negatives of the region's political correctness. Class divisions, identity politics, rationalizing mentally illness and the intolerance towards anyone who questions it.
Sandee (Houston, TX)
Did you read a different article than I did?

Richard callously, unthinkingly set another person on FIRE.

This isn't about racism - it's about Richard, a kid so dangerous he lights people on fire for a giggle (and his incredibly awful mom) who sees it as no biggie"
Chip Steiner (Lenoir, NC)
No defense for what Richard did. Teenage stupid. But if he ends up in an adult prison this tragedy will claim another victim. What's with the DA? She changes the sentence at the last minute (not sure why that is legal without first consulting with the defense) for what reason? Two months prior to the events in this story, O'Malley spoke before the Alameda Planning Commission in opposition to a proposed In-N-Out burger joint because of the kind of clientele it would attract from neighboring Oakland. What kind of clientele was she referring to? Read: http://www.eastbayexpress.com/oakland/alameda-county-da-we-dont-want-oak...
Linda McDonell (Canada)
I am astonished that the law allows a 16-year old kid to be "interviewed" by the police, without benefit of a lawyer, and then arbitrarily raised to "adult" status in court, knowing his incarceration will likely result in him being abused in prison and emerging a changed, for-the-worse, person. Who benefits from that sort of "justice"? Is that typical of American justice or is it because he is a Black kid?

Can nothing be done to save this kid from a really stupid moment and action in his young life? Have we not all done something "bad" when we were growing up? Sasha Fleischman didn't deserve that sort of treatment, true, but now either does Richard Thomas. Is this the old religion: An eye for an eye?
Femi (Nigeria)
My concern is about the potential of building a monster in Richard! He feels sorry I guess. That could be a usual mistake kids make, I feel he suffered miscarriage of justice. Or probably because he is black
Michael W (Cambridge, MA)
This is a perfect example of why we need better public education about LGBTQ identities in American public schools, in the media, and elsewhere. This is not a luxury, nor is it only important for rich people, white people, or people in blue states. Consider: even the NY Times does not know that it is not okay to cite Sasha's former name and gender pronoun. Treating gender-nonconforming people like Sasha as curiosities or attention-grabbing storylines, and using their former name or pronouns to cater to readers' curiosity, is adding insult to injury. We need everyone from schoolchildren to journalists to learn how to talk to, and about, queer people in this country.
Neal (Westmont)
Obviously you cannot know whether Sasha granted permission or not, therefore your comment has no basis.
Michael W (Cambridge, MA)
As a transgender person myself, I can't imagine any circumstance in which Sasha-- or any other person who has pursued a gender-related name change-- would think it was useful or important to have an article use their former name. Its the kind of thing that caters to cisgendered people's sense of what they "deserve" to get to know about trans* people, and to norms that dictate what counts as a person's "real" identity in our society.

Not referring to trans*, genderqueer, or agender people by their birth name (as opposed to their chosen name) is one of the most basic rules of etiquette (see #10 on this list): http://www.glaad.org/transgender/allies
Pandalix (Oakland, CA)
Thank you so much for this thoughtful article. I didn't know enough to have compassion for Richard. Now I do. Great piece. Thanks again.
Observer (Kochtopia)
To me, the biggest injustice is that the instigator of this attack was not even questioned much less arrested and charged.
Michael D (Morristown, NJ)
If Richard were a young white male from West Virginia that set a person of color on fire and admitted 'I don't like people of color', would there be so many people defending him here? If justice is blind then Richard would receive the same punishment as in the hypothetical circumstances mentioned above.
Regan DuCasse (Studio City, CA)
My father had a horrendous childhood too. His was full of poverty, abandonment by his father. His early years were spent in migrant farmworker's camps. My father however, was a SMART kid. He wasn't taught to treat others badly, but with respect.
Especially if they were homeless street people, someone who had a defect or just different. I was taught the same, as a child. MANNERS were a big deal in my family, no matter the circumstances, have MANNERS.
Do not mess with other people's property, or persons.
No matter what kind of family you come from, rich or poor, educated or not, this rule stands for everyone.
Richard, didn't have to bother anyone on the bus.
However difficult his life, compared to Sasha's, he made a choice that's costing him his freedom, and nearly Sasha's life.
Sasha, however quirky, is apparently BRILLIANT.
The jails are full of the stupid.
Andrew (San Francisco)
Anyone else troubled by the actions of the bus driver? Surprised he gets a pass on this.
N (Michigan)
one final comment. It seems that the plea deal negotiated by the prosecutor was not approved. My guess is that there was a presentencing report and there was something in it. Most likely related to the young man's behavior in the juvenile home, where he was observed in action.

We do not know what he did the last time he got in trouble out with his buddies, what he did in juvenile detention, and based on that information what may be likely the next time he is out with his buddies. It is too bad, but there is a problem here and it was not created by the prosecutors..
Chris (CT)
This is an upsetting story for me because my child is transgender. I didn't understand, before my child started to show that they fully felt they were the opposite gender, how little of transgender is a "choice." It's as much a choice as you had in being whatever gender you are.

What I haven't heard in this story is the astounding statistics of crime suffered by transgender people. This is not a single incident. In the last four days, the National Center for Transgender Equality has reported on three murders of transgender women. There are a lot of Richards out there and plenty worse ones. And that is why this trend has to be stopped in its tracks. That is why there should be no leniency. Whatever compelled Richard to set Sasha on fire, whether it is seeing transgender people as not really human, or something else, that has to change.
Rebecca (Philadelphia)
Chris, my daughter is also transgender and I worry about her safety every day on her bus and at school. However, I also have sympathy for the kid who did something dumb, even with his comments about not liking gays. He's a kid too- an impulsive, dumb, and troubled kid who may someday learn better, if he gets the chance. All kids do dumb things at times, and I for one am willing to give him the benefit of the doubt about his intentions. I remember as a college student some kids flicking lighters at the fringe on jeans as a joke- this was 18 and 19 year olds, and as intelligent as they may have been, that could have gone very wrong, too. This story is tragic all around.
Todd Fox (Earth)
I do agree that throwing Richard in jail is a very simplistic solution to a very complicated problem.
SI (Westchester, NY)
Two young lives ruined. Forever! Both the kids did not come out of it unscathed. Yes, what Richard did was criminal, no two ways about that. But did the punishment befit the crime? No, I don't think so. He was a juvenile tried as adult. That in itself was miscarriage of justice. Also, the punishment meted out was that of an adult. Poor Richard. He was dealt a double whammy, no real justice at all!
Candide33 (New Orleans)
I wonder what the point of having a separate justice system for people under the age of 18 is when someone can just arbitrarily decide that that the person is old enough to be an adult whenever they feel like it?
rpache (Upstate, NY)
Richard grew up in a culture of violence. Why is it assumed that he has the mentality of a juvenile? Because he's attractive and has a nice smile? And his family can say 'he's just a kid'? And he says 'I'm really a good kid'? He tried over and over and over and over to set someone on fire, until he succeeded. He specifically targeted a person because of his appearance. An individual who was sleeping. Sasha had to undergo several surgeries and was in consent pain. And Richard was sent to prison. I hope Richard chooses to turn his life around. But he is where he belongs.
Matthew (North Carolina)
Great coverage of the story. Thank you. I cant tell if Richard's ignorance is worse or equal to that of the DA. If at the end of the day, you put thousands of people in jail, you should have a pretty good idea of whats happening in there.
Just Curious (Oregon)
Who knows; Richard may have been saved a worse fate, by this sentence. It's easy to imagine his life continuing to spiral on the wrong side of the right path, until another crime of worse proportions played out, with Richard either perpetrator or victim. Richard was clearly not taking advantage of programs designed to rescue him; I am perplexed why so many commenter think he would benefit from more of the same.
Just Curious (Oregon)
I find it discouraging to note how many intervention and remediation programs came Richard's way, but failed to take root. I wonder how many of these programs have been scientifically evaluated for efficacy. I wonder if anything can work, against the tidal wave of social dysfunction in our afflicted communities. It's very disturbing.
Laura J (Phila, PA)
Be honest. If Richard was an Idaho skinhead who set a man wearing a skirt on fire, how many of you would be advocating for a lighter sentence for him? You would be shouting that seven years (with the possibility of release even sooner) was not nearly enough.

MLK said that we should be judged by the content of our character and not the color of our skin, and Richard's character is wanting, regardless of his color. He committed not only a heinous crime in any context (setting a fellow human being on fire) but he was motivated (by his own admission) by hatred for someone who was "different". His youth is no excuse - anyone older than two knows that you do not set other people on fire. His own status as a minority should have made him more sensitive to the plight of other minorities, but it seems to have had no impact.
greenmama (Bay Area, CA)
I am a facilitator in the Alternatives to Violence Project. AVP was started decades ago by a group of prisoners in upstate New York in response to the Attica prison riots. They did not want to die or to kill. They contacted a local Quaker meeting for help. Actually the prisoners were the ones who helped the Quakers revitalize our faith. We go in to prisons to find people like Richard, to listen to them, and to share their love and insight. We keep coming back for more --
Joe Baker (New York, NY)
This is such a stark portrayal of the persistent fear and confusion that gravely impacts the lives of people outside the traditional gender spectrum, but also shows how massively flawed our criminal justice system is when it incarcerates juveniles - most often young men of color - rather than offers rehabilitation and support. My heart is full of compassion for Sasha and their family and broken for Richard and his.
Scott Chakiris (Chicago, IL)
I'm surprised that parents with an agendered child wouldn't want to extend all possible protections for that child. I refer specifically to their decision to allow Sasha to ride a bus through known tough neighborhoods on a daily basis. Wouldn't it have been better to arrange a car pool, if possible, or even better to have bought Sasha an inexpensive car to commute back and for to school in? It is California after all and everyone has a car and knows how to drive, it's not NYC!
Stacy (Manhattan)
It is also not a bad idea for anyone, whatever gender, race, political persuasion, etc, to minimize their conspicuousness while in a public place. Should I be able to walk through a rough neighborhood at 3 a.m. wearing flashy jewelry and carrying an expensive pocketbook? Yeah sure. Would I? No. Should my college-age daughter be able to drink to the point of total inebriation at a frat party and assume that others will treat her with kindness and concern? Yes, definitely. Have I nevertheless stressed to her repeatedly that she should never, ever find herself in such a vulnerable position? You bet. Listen, the reality is that none of us can safely count on the world to be the way it should be all the time. Sasha's parents should have helped Sasha to understand this before Sasha boarded that bus dressed up in a gauzy skirt, etc. A girl Sasha's age would be taking some risk going about like that - lots of comments, lots of attention, people staring, maybe some unwanted touching. You want to dress like that as a 16 year old boy on a bus in Oakland, you have to be prepared for some real hassle. I'm not unsympathetic. Sasha sounds like a great person, and I like Sasha as portrayed here quite a lot. I just wish someone had provided some practical advice so they wasn't so badly left to their own devices.
birdnesthead (STL)
“I am convinced that imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture. It is a cruel and useless substitute for the elimination of those conditions--poverty, unemployment, homelessness, desperation, racism, greed--which are at the root of most punished crime. The crimes of the rich and powerful go mostly unpunished."
Howard Zinn
LEMMON 714 (NYC)
This article surprised me. I assumed it would predictably document a hate crime with a description of the despicable monster perpetrators but instead was more nuanced.
The initial description of the crime, lighting someone on fire, seemed to leave no room for any consideration for the criminals involved other than long prison sentences but instead raises questions about sentencing for minors.

I am reminded of seeing a moron teenager flicking a BIC lighter on another teenager's clothes without any resulting conflagration. It appeared not to be an attempt to harm anyone but a "goof". Happily for both parties nothing happened. However, it did remind me of the idiotic actions minors will take for which they likely have no explanation.
Sean (Japan)
I feel I must be the only reader that immediately remembered Mr. Baseball from my childhood. The scene in the dugout where he set a teammate's shoes on fire as a funny prank.

I always thought that would be hysterical to do as a prank. I now know the NYTimes readership will brand me a monster in the making.

I can't speak for Richard, or Sascha, or anyone else. But when he says he thought it would smolder and be a harmless prank, all I see is a scene from a movie I loved as a kid showing exactly that.
EM (Brooklyn, NY)
the capriciousness of the legal system boggles my mind.
Just Curious (Oregon)
I lost what flicker of sympathy I might have had for Richard when it became clear it took him three attempts to set Sasha's skirt on fire, unlike the image created by the headline. He had plenty of opportunity to reconsider.
human being (USA)
Exactly. They were looking for a flame, not a smolder. The statement of surprise that the skirt caught rings hollow.
Zxy Atiywariii (displaced New Yorker)
Such a heartbreaking story! I'm grateful for Dan Gayle and the other courageous passenger who may have saved Sasha's life. They also saved Richard from being charged with murder.
I'm fortunate to have been born female in both body and mind, but my name is often mistaken for male on résumés, which sometimes works to my benefit. But now I am wondering why English language dropped its gender-neutral pronouns? Middle English (like Chaucer's) and Renaissance English (like Shakespeare's) used various gender-neutral pronouns like "a" and "hir". Why and how this tradition changed, I know not. But gender-neutral pronouns, in English, are nothing new.
Tess Harding (The New York Globe)
I'm confused: how much time did the perp get? Sasha might have died but for intervention by good people. And Seven years seems light for this hateful act.
Kristine (Portland OR)
Excruciatingly painful, this story. My eyes are welled with tears. But perhaps not for the reason one might expect: a child, whose life is mired in violence and loss yet shows signs of trying to stay on a solid path, makes a tragic mistake, egged on by peers, and his path is forever changed for the worse, by adults who want to make an example of him. To what end? Yes, this child targeted another child because he saw difference - a common occurrence in peer relationships among youth - and he grossly miscalculated the consequences - another common occurrence for teenagers. But at the same time, he wrote of his sincere remorse within days of the attack, evidencing an emotional maturity and integrity beyond his years and an intention to repair the harm he caused if possible. Legions of adult criminals are incapable of the same. And where were the developmental experts in this case, helping the judge and district attorneys understand that the brains of teenagers are incomplete, that the very region responsible for calculating risk and evaluating outcome, the prefrontal cortex, is a decade away from full formation at 16? Or that the consequence of experiencing repeated violent losses may inure a young person to enacting the same suffering? I don't intend to minimize the horror his victim and their family suffered, and I'd be hard pressed to summon similar sympathy if my child had been the one set on fire. But as an outside observer, there is more than one tragedy to mourn here.
Sandee (Houston, TX)
Because society deserves protection from kids like Richard, with so little impulse control so as to unthinkingly set another kid on fire!!
Patrick (Minneapolis)
Richard set someone on fire because he didn't like the way they looked, without any provocation. Jail seems like the best place for him.
Felipe (Oalkland, California)
He put a flame to a dress because he was insecure, was egged on by his peers whose approval he needed, and because he was a 16-year-old kid who didn't know better and didn't anticipate how things could get out of hand very quickly, as they did. Jail? What he needs is a loving Dad. Failing that, at lease ONE consistent male role model whom he could rely on. Why is that so difficult for our society to ensure for our kids?
patrick (florida)
The penal system we have is designed to punish, not to rehabilitate. Its a foregone conclusion that most young men will be hardened and more violent when they get out of prison... And now that prisons are private companies making profits? Well, it can only get worse...
human being (USA)
The penal system should aim to rehabilitate AND to punish. Otherwise we can send all criminals to reform school and keep them on the streets to repeat their crimes. Society is not served well by only hardening criminals, especially juveniles like Richard. It is also not served well by letting such dangerous and spiteful acts as Ricard committed result in too minor consequences--as community service only would have done. There has to be a balance and maybe the level and type of punishment was appropriate or maybe it wasn't. But having no punishment at all removes responsibility entirely for an act that was inherently dangerous that could have resulted in far more harm than it did--thanks not to Richard and his cohorts who could have helped not run but to the actions of other passengers who could easily have run from danger too.
EC (PA)
This story is so heart breaking and has so many shades of grey. As the parent of two young boys I can see myself on either side of this situation. One of my boys has always been different from his peers and I can easily see him as the target of bullying but at the same time he and his brother do very stupid things - often as part of a group dynamic. The decision to prosecute as an adult is so misguided and serves no good for anyone. This is just tragic all around and the tragedy has been compounded by the response of the criminal justice system.
missmsry (Corpus Christi)
Would he have been sentenced as an adult if he had been white?
Rob (VA)
To those arguing that setting someone on fire isn't a harmless prank, you're wrong. I've witnessed this done as a prank, lighting someones hair on fire. In that case, it was harmless. It might not have been, and that would have been catastrophic and tragic. However, the fact remains that lighting someone on fire, while never acceptable or appropriate, can legitimately be almost entirely harmless (save a few singed hairs and raw feelings). No one went to jail, no one went to the hospital, no one had their lives irrevocably altered.

Yes, Richard was wrong to do it, but he wasn't outside the bounds of reality to think it might be nearly harmless. Punishing him with the "treatment" of extra jail time for a kid whose obviously learned his lesson, and who it appears was never offered adequate counsel during a police interrogation extracting an admission of guilt and evidence upon which to hang a hate crime charge, is insanity. The DA is a real piece of work too.
human being (USA)
That the DA is a piece of work and juvenile charges might have been more appropriate. This does not change the fact that this "prank" was not harmless like the singed hair. Suppose, in that case, the hair had caught and someone's face disfigured for life. Could happen, say if the hair had been sprayed... And the fact that the lighter was directed at the skirt multiple times until it flamed. Richard and his friend and relative did not want a smolder.

Suppose Richard drank and drove and killed or maimed another child, black or white? Would you feel the same? Same concept. Do something you don't intend to be hurtful but it turns that way. You deserve to be punished.

Whether this punishment fits the crime and whether it should be accompanied by rehabilitation efforts are conceptually distinct questions from whether a crime was committed.
M. Balick (Provence)
Imagine that Richard Thomas had gone for a joy ride and caused an accident which killed an entire family. Would he have been treated as an adult? Would he have served a longer sentence? The real culprit here is the career obsessed DA. Why are we still electing people who should be professionals? Do we elect detectives?
Paw (Hardnuff)
This isn't the first time I've heard of a woman's diaphanous clothes catching fire & going up in a ball of flame causing irreparable burns.

Notwithstanding the huge issues brought up here, and the obvious malice of lighting someone's clothes on fire, it's not as if he poured gasoline on her first.

It sounds like this skirt was made of some highly flammable synthetic hydrocarbon. Perhaps we should be looking further into why apparel made of certain fabrics is not required to have warning labels.

With a dress made of this sort of material, walking too close to a candle, or a cigarette, or cooking at a stove could result in immolation.

Without this explosive combustible fabric, the punishment & the crime would have been more appropriate to the motive instead of total tragedy all the way around.
tabulrasa (Northern NJ)
It's apparent from this article that there's a festering illness in the community in which Richard spent his childhood, and the clearest symptom is the prevalence of extreme violence. I'm not excusing Richard's actions on the bus, but he was living his life within a highly dysfunctional society. Most of us with comfortable middle class lives haven't lost one, let alone two, aunts to murder.

Richard's actions must be viewed in this larger context. Systemic violence is highly contagious within a community. Only when it's been eradicated will we truly reap the benefits on the individual level, so that there will be no more boys like Jamal or Richard engaging in any such behavior.
Felipe (Oalkland, California)
Right. But our culture and judicial system is not prone to pay attention to "context" but to individual responsibility as if there were no context.
Michael H. (Alameda, California)
I knew lots of kids growing up in Oakland - and none of us ever lit anyone on fire!

When you claim that growing up in extreme difficulty turns you into a criminal, you disparage all the people who grow up and don't become criminal thugs. Who turn out just fine thank you very much. Much better to spend your time and attention on the kids who are struggling and could use a hand; but aren't depraved.
fast&furious (the new world)
Sasha seems to be impressively wise and compassionate.

Surely Richard needs to be given some kind of punishment - possibly in a juvenile facility followed by a long supervision in a half-way house. And counseling. The long litany of Richard's murdered friends and relatives points to trauma and possibly a coarsening of his attitude toward violence that most of us here can't possibly imagine. An intervention is desperately needed for this youth. Giving a 16 year old a sentence that will send him to prison to be raped by adults is not the way to remedy the problems so much early exposure to violence has produced in him or put him on the right path to rehabilitation. It was a disgusting crime, but he's still a child.
Ric Fouad (New York, NY)
One of the most sensitive, well-crafted, and honest portrayals of a juvenile justice tragedy that I have ever read. Ms. Slater manages to paint a candid portrait of everyone involved, without piling on Richard, the youthful offender, nor minimizing what Sasha, the victim, faced.

This is just a remarkable case study and anyone concerned with child welfare should read it—particularly how it frames the larger issues for both Richard and Sasha, in their respective teen struggles, one with mean streets, and the other with gender identity.

Cases like this well illustrate why treatment of youthful offenders needs to be flexible and understanding.

Richard is surely a candidate for rehabilitative help, rather than hardening punishment—and the district attorney's handling leaves much to be desired: neither justice nor society is well served by putting this boy on a path to adult prison, a matter that is obvious in light of the relevant literature and data.

I have to also commend Sasha and their family: such empathy and lack of vindictiveness reflects profound humanity—it no doubt means the world to Richard and his family too.

Thank you, Dashka Slater—this is among the finest and most moving NYT pieces that I have ever read, certainly as concerns juvenile justice and the struggles of teenagers.

@ricfouad
Zoe Brain (Canberra, Australia)
I'm Intersex.

We're very well aware of how many gender nonconformant people are tortured to death, stoned, disemboweled, flayed... and setting us on fire is particularly popular.

Under other circumstances, I'd want the perp to get life without parole.

But not under these. 16 yr old kid does something really, really stupid that maims someone else.

Charge him as a juvenile, not an adult. Reform school till age 18, then 5 years probation with a 5 year adult sentence if he commits a violent crime in that time.

No adult jail. No harsh sentence.
sanvista (San Francisco, CA)
This may be the best news article I have ever read. Thank you and God bless both of these young people and their families.
DecentDiscourse (Los Angeles)
I think this is what can result when impressionable young children are raised without bearings. Without guidance, some may come to believe. that up is down or become fixiated on ideas that would normally not become obsessive and dominant. The fire starter too is a product of his environment coupled with a low IQ.
GrayHaze (California)
Would we have a different opinion of Richard if he was handed a partially loaded revolver, where upon after pulling the trigger three times, the fourth pull results in the critical wounding of a *sleeping* passenger on a bus?

Would we have a different opinion of Richard if he was pictured in this article with his booking photo? Instead, this article features an undated photo that seems to be a trend of "infantilizing" criminals.

I'm sorry, but 7 years seems appropriate for such a heinous crime.
jack47 (nyc)
I grew more and more impressed with Sasha and their family the more I read. I wish them great success at MIT.

As for Richard

"[A study]released by the Justice Institute in February, 2000, found that in California, African American, Latino and Asian American youth are significantly more likely to be transferred to adult court and sentenced to incarceration than white youths who commit comparable crimes. Compared to white youths, minority youths are 2.8 times more likely to be arrested for a violent crime, 6.2 times more likely to wind up in adult court, and 7 times more likely to be sent to prison by adult court." http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/bench/race.html

No one under 18 should tried as an adult (or drink as an adult, or vote as an adult, or fight as an adult or be party to a contract as an adult). That said, I was not surprised to find only 20% of minors charged as adults are white.

Certainly not this kid from Texas (remember the affulenza defense>):
Juvenile court handed down 10 years probation for this:

According to officials, the teenager and some friends were seen on surveillance video stealing two cases of beer from a store. He had seven passengers in his Ford F-350, was speeding and had a blood-alcohol level three times the legal limit, according to testimony during the trial. The pickup fatally struck four pedestrians: Brian Jennings, 43; Breanna Mitchell, 24; Shelby Boyles, 21; and her mother Hollie Boyles, 52.
Elizabeth (New York)
There are many problems with our criminal justice system, particularly in regard to juvenile cases. That being said, I don't think Richard represents one of these cases. To all those advocating for leniency, imagine if someone set your child on fire for being "different." You would more than likely want them prosecuted to the fullest extent of the law.

Plenty of teenagers do stupid things and experience peer pressure, but the vast majority do not set fire to bus passengers. Richard has clearly had a hard life, but his actions do not warrant excessive sympathy.
John (Baldwin, NY)
After reading about a third of this article, it occurred to me, I have wasted enough time reading about this lowlife, Richard. I don't really care about his tough upbringing. There is no excuse for what he did. Actions have consequences. I say this as a liberal: Lock him up and throw away the key.
RMW (New York, NY)
Oh, how heartbreaking. My feelings totally changed as I read the article more and more. Poor Jasmine. Poor Sasha. What a waste of Richard's life! With the track record this country has in rehabilitating its prisoners and recidivism, Richard is going to have to work five times harder than his peers--which is already hard enough--just to keep his head above water. Shame on district attorney O'Malley.
Sandee (Houston, TX)
No! Not poor Jasmine, who raised a monster! No poor Richard, a kid who lit another person on fire!

Richard deserves a harsh sentence! He committed a hate crime!! The best part of this article is that he's named and shamed -- even if he "rehabilitates" in jail, no one will EVER want to hire him!
bill (Madison)
To refer to an individual as 'they' just makes me laugh. 'They' also doesn't identify with his individuality?
Neal (Westmont)
Who is the "his" you refer to?
Bob Jones (Redwood City, CA)
Rarely am I so engrossed in a story as in this one. It drew me in deeper and deeper as it developed. By the end I was weeping for Richard, despite his thoughtless, heartless, cruel, unspeakable choice on the bus. The justice system has a difficult job. A real thought exercise for me as a thinking human.
HopeJones (san francisco, ca)
What a deeply sad story, especially when you contemplate how many boys Richard's age do far more caculating and even more horrendous things to their female peers--rape, sexual assault--and go largely unpunished. This is a young man who was prodded by his peers to do something whose consequences to the victim he didnt' anticipate and of which he repented. A child who's lived through that much violent death already is so traumatized. I am glad Sasha recovered and I wonder if Richard ever will.
bob from sf (san francisco)
I really do find the article to include a glaring gap-- no discussion of how usual or unusual it is to declare a minor an adult on crimes. Without that I am left with nothing but suspicion re the motives of the DA. Lets be clear-- there will be no rehabilitation in prison so that decision should not be taken lightly or at face value.
sr (santa fe)
Does anyone reading this remember the kid who killed four people and got probabtion!?

from the NYDaily News, Dec. 11, 2013: ". . .Ethan Couch killed four people, including a mother and daughter, while blacked-out drunk and driving 70 mph on a rural road in June. Defense attorneys said the boy suffered from 'affluenza' and blamed the boy's parents, saying they gave him everything he wanted and didn't teach him about consequences."

For all those who want to throw the book at Richard, is your indignation inflamed by that story as well?

I am usually ALL support for the victim of any crime and detest "pranks" of any description no matter how innocuous (they are all mean-spirited even when not particularly dangerous). This case is different. It was a kid doing what kids do—not thinking through the consequences of his actions.
Roy Boswell (Bakersfield, CA)
If you never did anything as a teenager that was destructive, either on impulse or out of peer pressure, you were a very unusual teenager. If you did and the outcome was relatively harmless or you did and the outcome was harmful but never punished, you were lucky and you should remember. When was fourteen, I gave a sleeping friend a "hotfoot" -- I lit a wooden match that I slipped into the crack between the leather and the sole of his shoe just behind his little toe. As the flame approached his foot, were giggling like crazy in anticipation of seeing the cartoon reaction of him grabbing his foot and jumping up and down, slapping his foot and howling. That was all we expected. What we got was a friend in agony trying to tear off his shoe and suffering second degree burns to the side of his foot. I had no idea. I just thought it would be funny. The same with Richard. It seemed edgily funny with a cartoon outcome. Richard was convicted for being a thoughtless teenager. If we make that a crime, most of our kids will have a record before they are 21 or gain some good sense. I feel deeply sorry for Shasha to have been on the receiving end of such adolescent stupidity, but I think Richard is a victim of another kind. The unstated question is what would have happened to Richard if he had been white, with Sasha, and one of her schoolmates.
J.O'Kelly (North Carolina)
The best sentence would have been community service for five years. Have Richard speak at high schools in every State about what happened, why it was wrong, what he learned, and how is so grateful that he was given the chance to help others learn from his mistake.
JoeScapelli (PA)
He got the sentence he deserved.
Jack (New Jersey)
A prosecution in the United States is supposed to be done truthfully. This youthful offender made a mistake - he played a prank. It went out of control but for the prosecutor to treat him the way he was treated speaks volumes about so called "hate." There was no intent to cause the harm that was done and it was not a so-called "hate crime." A few years of probationary guidance would have gone a long way to correct that young man. You people that are cheering on the incarceration are fools. That child's incarceration is your hate-crime just as surely as your attitudes spur on this type of fraudulent justice.
katfood (Twin Cities)
Getting set on fire seems like a rather harsh price to pay for what is ultimately just a teenage rebellion phase.
hen3ry (New York)
This incident comes across as a teen age prank gone horribly wrong. Yes, Richard should pay for what he did. However, putting him in an adult jail is not going to rehabilitate him. If anything it will make him a better criminal or embitter him so much that he will not emerge as a productive member of society. Tricking him into saying he was homophobic was an easy way to categorize a crime and claim Richard was a monster. He was a teen that did something extremely dangerous and stupid. We were all teens and did stupid dangerous things.

Richard should spend time in detention. He should also have to pay Sasha's family back somehow. Sasha suffered months of unnecessary pain and fear because of what Richard did. Sasha will probably never feel the same about sitting on a bus and sleeping. And Richard will never do anything that stupid again. I hope that both of them have good lives but my guess is that Richard will be brutalized in prison as an adult for a horrible prank. Sasha will need time to get over what happened. This intersection of their lives is so unequal. I feel for both. There is no way the incident can be undone and that's the awful part.
B. (Brooklyn)
"And Richard will never do anything that stupid again."

Really? You can vouch for that? Since he's so criminally stupid now, what makes you think he won't be later on? Because he's wheedling and writing "I'm sorry" letters? Now that his thrice-attempted prank and subsequent lack of responsibility in helping to douse the flames have backfired?
human being (USA)
Why do we keep calling this a "prank?" A prank would have been stepping on Sasha's skirt as Sasha exited the bus or tipping the newsboy cap over Sasha's eyes. Setting Sasha on fire is a crime, not a prank. The point is made that Richard thought the skirt would not flame and wanted it to smolder. Then why did he try with the lighter four times, after three smolders, until the flame caught? He wanted to see more. Too, how about the other passengers on the bus? Suppose they had been hurt? Or the bus had caught fire? Not out of the realm of possibility. Remember the NYPD cop who died from smoke inhalation months ago after he ran into a public housing complex to rescue tenants from a fire set by a "bored" 17 year old.

Yes, adult prison will harden Richard. He likely should have been tried as a juvenile. After all, luckily, Sasha's burns were not more serious because of Mr. Gale's actions--nothing more. Richard could have been facing far more serious charges including murder had this been worse. I disagree, though, that he definitely will not try something so stupid again. We simply do not know his frame of mind and his degree of impulse control and psychological health. But, adult prison with no rehabilitation, can only worsen his situation.

At least you, though, unlike other posters,recognize Sasha is a real person who suffered and will likely have lasting fears, rather than merely a poster child for affluence--dabbling in issues Richard can never address.
jeffbikedog (San Francisco)
It astounds me that people think a 16 year old male doesn't have the cognitive or moral judgement of an adult. Of course Richard did. I think what he meant when he wrote, "I'm not a monster . . . I'm not a thug," was "I don't want to be a monster or a thug." But he set a sleeping human being on fire, so he is a monster and a thug.

The sentence is very disproportionate in that it is too short.
ORY (brooklyn)
It astounds me that you can read the article and come away with that point of view, Mr Jeffbikedog. I am not religious in the least but I think the story of Christ on the cross -"Forgive them father for they know not what they do"- is not pious Christian nonsense, but rather, a foundational aspect of human psychology. It refers to the fact that in a world of violence and oppression and ignorance, holding this boy to the legal standards of a hate crime is as absurd and ignorant as putting him in stocks or stoning him.
Basho249 (Minneapolis)
If you read about lifespan developmental psychology, you will find that the brains if teenagers really are quite different from those of adults. It explains a lot, really, even about kids who don't wind up doing things like this.

The problem is we have no realistic way of assessing these kids or treating them. So we warehouse them together where the worst if their possible potentials are too often realized.
Lacey (Sacramento, CA)
It's factual that the teenage brain isn't fully developed. Many studies have shown that the parts of the brain that govern in impulse control (the amygdala) and decision making aren't fully developed yet the emotional parts of the brain are more active than that of an adult brain. That combination can be dangerous. There is a reason so many teens get themselves in trouble and have higher death and crime rates than that of any other age group.
rbjd (California)
Juveniles are tried as adults all the time in California. They are often held to adult standards of conduct and given adult punishments. The power to charge juveniles as adults is really in the sole discretion of the District Attorney. Once the D.A. has chosen to "direct file" a case like this as a life top adult case, there is almost nothing which can be done about it short of an acquittal at trial. Of course, if you lose the trial, you get life in prison.

This type of unfettered charging discretion gives District Attorneys entirely too much (easily abused) power and does a great disservice to everyone. Often, as appears to be the case here, even the victims aren't seeking the types of punishment sought by the prosecutors in cases like this. It's not terribly surprising the prosecutors here can't explain what services prison inmates get. There aren't many, and a defendant like Richard is going to come out of prison hardened and with few options.
Sandee (Houston, TX)
He lit a person in fire! Thoughtlessly! Unthinkingly! Society deserves protection from him.

Actions have consequences - it is a logical consequence and "few options coming out of prison" for Richard is deservedly one of them!
HagbardCeline (Riding the Hubbel Space Telescope)
A classic tale. The world of privilege-- two white parents snug in their middle class home with their child who has enough free time and encouragement to contemplate gender identity. The world of subjugation-- only generations removed from being a slave, the black boy finds himself peer pressured into doing something dumb just to fit in. He has no father, he has no community, he has no future beyond Jack in the Box or prison. The white kid goes to MIT. A study in contrasts? It's almost as if it's scripted. Sasha can lounge in the grass; in East Oakland there isn't even any grass.

To all the holier than thou posters on the New York Times, you've never known what Richard Thomas has known. I know East Oakland. This dude's life was horrible. No promise, no hope. He was a lost dude without a father. Did you grow up without a father, in poverty, with your friends being shot left and right?

What this dude needs more than prison is rehabilitation. He needs encouragement to fit into our culture. Sasha is fine. Xe is at MIT. Privilege begets privilege, even if it is trans.

Richard is the one who was done wrong. Sasha is fixed, healed, solid. Richard is in prison, and will come out without opportunities because he is black. Sasha is fine because xe is white and comes from money and had a safe education.

It's important to protect the queer community. But the black community is in far more trouble.
Todd Stuart (key west,fl)
This really isn't that difficult, the one with the burns is the victim, the one with the lighter is the criminal. It doesn't matter if one is the heir to the Grand Duchy of Fenwick and one was raised in a box. Living in a society as a human being requires certain standards of conduct. This young man failed to live up to those standards in spectacular fashion. The price he is paying doesn't seem excessive.
marianne kelly (monterey, ca)
Richard will not come out of prison without opportunities because he is black. He will lack opportunities because of an adult felony conviction for a crime committed when he was a child.
B. (Brooklyn)
"To all the holier than thou posters on the New York Times, you've never known what Richard Thomas has known. I know East Oakland."

And I know Brooklyn. There are plenty of young black people who grow up disadvantaged, miserably so, but stay in school and clamber out of their neighborhoods.

When I was a young, when things were very bad in Brooklyn, some teenagers -- what we called our "local talent" -- set fire to a homeless guy in Prospect Park.

They were white.

It isn't race that's the problem -- it's criminal stupidity and a colossal disregard for other people. Our young Richard, here, is right up there with idiots of any color.
Terry King (Vermont USA)
DASHKA SLATER, What a lot of work you did to bring all this to us.

Thanks for the excellent job you did.
as (New York)
One more argument for a guaranteed annual income so minority parents can raise their children properly and not struggle trying to make ends meet.
Sandee (Houston, TX)
An upper middle class kid who lit a poor kid on fire would end up in jail too.
Mason Jason (Walden Pond)
Life in prison is a just punishment. Society must be protected from sociopaths.
slartibartfast (New York)
No redemption for anyone? Ever? That's be a harsh world to live in.
Ama (NW)
Isn't clothing supposed to be flame resistant? I thought we had consumer protection laws to ensure that our clothing does not "ignite" or "erupt into a sheet of flame" upon contact with fire.

When I was in junior high, my friend and I lit a classmate's clothing on fire, assuming that it would smolder and go out. We were all very lucky it did not ignite, apparently (although we never even considered that a possibility).

My friend was expelled for our stupid and dangerous prank. We were not arrested, let alone sentenced with jail time. Looking back, and contemplating this article and the ideas of hate and forgiveness it raises, I wonder how different our punishment would have been had we been young black boys instead of young white girls.

Kids do stupid stuff. All the time. There but for the grace of God...
EAL (Fayetteville, NC)
Only infant sleepwear is required to be flame-retardant.
Alan K. Duncan (Minnesota)
Richard Thomas exhibits signs that I imagine would eventually earn him the label of antisocial personality disorder - reckless endangerment of the safety of others, impulsivity, and unlawful disregard for social norms. What seems lost on many is that irrespective of how leniently or severely he were treated by the criminal justice system, these personality traits and behaviors are fixed. A 16 year-old who exhibits these behaviors is fundamentally different than those who do not. In short, Mr. Thomas is "in the system" not because of the way the system treated him but because of serious flaws of personality and character. Therefore, it comes down to the safety of the public at large. Those who would plea for restorative justice should understand that it relies on more malleability of character than may be present in this case.
slartibartfast (New York)
The first thing you learn in a psych program in grad school is that a person is not his diagnosis. Anyone can go to Wikipedia and read the characteristics that can lead to a diagnosis of antisocial disorder and those may or may not have anything to do with Richard Thomas. Richard Thomas may indeed have more severe behavior problems than your average 16-year-old but to write him off as cooked is short-sighted, reactive and unsympathetic.
Basho249 (Minneapolis)
Disagree. I doubt a sociopath would have cried, as was described in the article. They are actually typically more calculating than Richard appears to be. But we are bystanders and know little if this kid, after all.
Tom Paine (Charleston, SC)
Richard is not a violent person - has no record of it. The bus incident - it was not Richard's intent to burn Sasha; merely wanted to light on fire that silly skirt and have a little fun. Right? Things just kinda got out of hand.

All this thinking can make one's head spin. The only truth is the crime - and Richard is guilty.
judgeroybean (ohio)
I have two sons, 18 and 22. Both grew up with every advantage and have not known want. But I am never relaxed enough to assume that they won't act impulsively, or intentionally, and be involved in something that will change all of our lives in an instant. I can't keep them in a bubble, nor can I monitor them 24/7. They both are good kids, but they are as likely as Richard to pull what they think is a cool prank on someone that can turn into much, much, more. The only thing I can hope for is good luck; that they are never in the wrong place, at the wrong time, with the wrong idea. They don't understand the perspective of their 61 year old father when I tell them that life, alone, will present enough of a challenge, without any unforced errors on their part that can make things much more difficult.
Sandee (Houston, TX)
The vast, vast majority of people -- even impulse control-challenged young men -- tend not to "impulsively" light people on fire like Richard.
S. Naka (Osaka, Japan)
Differences in opinion notwithstanding, I think most readers will agree that this is an incredibly good piece. Like Sarah Koenig did with the Adnan Syed case, Dashka Slater reminds us all of the complicated and guys wrenching realities that play out in the justice system on an painfully personal level.
Sasha Love (Austin TX)
Richard reminds me of the character Lennie, from John Steinbeck's novella 'Of Mice and Men.' In the story, Lennie is kind of sweet, intellectually stunted but someone who readily causes great physical harm to those around him.

I feel pity for Richard but I wouldn't like a kid who has no control over his meaner impulses living anywhere near my family or friends. He seems to be an severely damaged both mentally and emotionally and someone who isn't safe to be around.

It will take me months to break the image of Sasha going up in flames and the two boys running from the hate and chaos they caused.
Carol (Santa Fe, NM)
Shaking my head as usual at the blatant double-standard of so many NYT commenters. If the sociopathic perpetrators had been wealthy white kids and the victim black, I really doubt so many here would be cooing about their sympathy and compassion for the perpetrators.
B Dawson, the Furry Herbalist (Eastern Panhandle WV)
I was thinking the same thing. There would be no argument about whether it was a hate crime or not. It would be a given.

It saddens me no end that kids are so smart about so much and yet lack the simple maturity to determine what's right and wrong. Water balloons are a "prank" setting someone's clothing on fire is not.
Zhou (Hong Kong)
Sasha has deeper scars from the indoctrination given him by his parents and educators that he could be "asexual" than from the burns. He'll spend the rest of his life trying to figure out "who he is" and fighting alleged "persecution" of his "natural state".

Note this bit of silliness from the parent, "I'm still trying to get my head around it," Debbie admitted, two years into the change. "I understand coming out as gay or even trans, but this is harder for me to understand. I support them," she said, referring to her child, "but I just don't understand what it means."

"It" means that she is a bad parent, pursuing societal acknowledgement for being open minded rather than parenting and telling her child to get an education, get a job, get married and have children like mankind has been doing for thousands of years.
Sandee (Houston, TX)
One set of parents raised a law-abiding kid who graduated and went to college -- who just happens to be genderqueer.

The other raised a high school dropout who breezily commits hate crimes -- who just happens to be heterosexual.

Who is the better parent?
Basho249 (Minneapolis)
Humans have also been gay, trans, and thinking "does not apply" for as many years.
Tom Leykis Fan (DC)
I consider myself a liberal guy, but I see the dangers and consequences of extreme liberalism and this is a clear cut example. It is so incredibly reckless, dangerous and ultimately negligent to send your young child to "alternative" schools where challenging gender norms is unremarkable. Parents get their children ripped away from them for using marijuana but for some reason it's A-OK to allow and ENCOURAGE young children to contemplate and challenge gender norms.
marianne kelly (monterey, ca)
Beyond a GED program and 12 step programs, there are next to no rehabilitation programs in the California prison system, thanks in large part to the strength of the prison guards' union. Did they make contributions to O'Malley's re-election campaign? This sentence was purely political. I hope she is roundly defeated in her next election. Another politician conducting business as usual.
MHW (Raleigh, NC)
The way that this was handled makes no sense at all to me. It really sounds like Richard Thomas' actions were the result of a teenage boy brain that had an even more tenuous grasp of consequences than usual due to the serious traumas that he himself had suffered. Is the prescribed incarceration going to help anything? Of course not. Why not require that he perform some sort of restitutive acts for Sasha for the rest of his life (e.g., money, service). This might accomplish multiple goals, including serving as a visible example to other's of what terrible damage to one's own life can follow from a momentary lapse of judgement.
Sandee (Houston, TX)
Because society deserves protection from individuals who lack the impulse control to stop themselves lighting strangers on fire.
Regan DuCasse (Studio City, CA)
There was a saying that went around in the 70's. A lot of youngsters heard it, and it's still something that holds true today.
"Don't do the crime if you can't do the time".
Setting a person who is sleeping on the bus on fire, is barbaric and dangerous.
It wasn't just a prank. It was vicious and mean. Meant to hurt and cause fear and even panic. A lot more people could have been hurt. And the two boys who did it, ran away instead of helping their victim.
Mean and COWARDLY too.
If Richard had the intellectual capacity that Sasha did, he might still have overcome his harsh upbringing.
My father did.
Robert Eller (.)
Christmas, 1967, I was a Freshman at the University of Pennsylvania, studying for exams. Fraternities were having their Christmas parties.

At one frat house and old Tudor building, all wood interior, in the center of campus, a drunk, white Freshman pledge from Iowa was serially lighting matches and throwing them at the large Christmas tree in the frat house stairwell. His pals were half-heartedly but laughingly trying to get him to stop.

Finally, one match took, the tree was soon ablaze, the fire quickly reached upstairs. We Freshman studying in the dorms a block away were alerted by smoke and shouts (It was unseasonably warm for a December night in Philadelphia. Our windows were open.).

I, as did others, ran over to the frat house, passing frat boys holding up their party girls in shock and hysterics. The fire was out of control. One boy, clad only in boxer shorts was running around, shouting his date's name. She was upstairs, passed out drunk on a bed. Two others, boys, were also upstairs in similar state.

The firemen arrived, worked the blaze. Shortly, three filled body bags were lined up on the pavement.

The boy who started the fire was suspended from Penn. There may have been a trial, but I think there were only preliminary hearings. The boy never went to prison. He was allowed to simply go back to Iowa.

But that was another time, another country, another justice system.
Todd Fox (Earth)
I agree that Richard's environment is underprivileged and that growing up with a young single mother is not a good start in life. It's a tragedy that so many young people, not just young black men, are brought up in this way. Poverty is not limited to one race in this country.
I don't know what the answer is. At best it's complicated. What we are doing now isn't working. Honestly though the fact that Jamal laughed when he saw Sasha on fire chills me to the bone. That kind of depraved indifference can't be excused by virtue of age, an immature brain, poverty, underprivileged or any other reason.
No Namby Pamby (Seattle, Wa)
Plenty of underprivileged kids grow up and don't set anyone else on fire. You know, 99.99999% of them.
Tom Leykis Fan (DC)
I wish the reporter spent more time on whether the police spent time looking for Jamal. Maybe they did and were utterly unsuccessful, but this is very important and seems to have been glossed over. Crimes like this are rarely the act of one person and usually a collaborative, conspiring effort.
I'm-for-tolerance (us)
From the story it does not appear that Richard was read his rights until after he had been questioned... And the description of Jamal laughing makes it sound very much like he was the proximal cause not only in providing the lighter, but egging Richard on...

Sixteen is not an adult, even if one is a black male - and I say that cynically in the context of our society's denial of prejudice. The mind is still developing; research has shown that. Reasoning and consequences are not fully developed until the mid-twenties.

This is a tragedy in so many ways.
Basho249 (Minneapolis)
I agree. I was wondering too if he was read his rights. The Jamal component of the case is chilling too
Cowboy (Wichita)
Especially for the burned victim.
RB (West Palm Beach, FL)
Sasha and his family went through a terrible ordeal that should have never occurred; amazingly they were very gracious and forgiving. Richard is not a monster and should be given a chance to redeem himself with a lesser sentence and restitution to the victim.
We live in a very punitive society as reflected in the way Juveniles are sentenced as adults. What are equally troubling are the beliefs that longer sentences rehabilitates prisoners, Ironically many that enters the system are far worse when they leave.
DLi (Atlanta)
If Richard Thomas and his friends had meant serious harm to Sasha Fleischman, the last place they would have attacked Sasha was on a public bus in broad daylight. If they had meant serious harm, they would have hit him or tried to light his hair on fire.

Why is it that the absolute last people the criminal justice system ever has compassion for are the most marginalized in society?
LEMMON 714 (NYC)
The most marginalized make up the bulk of criminals.
human being (USA)
Believe me, if you think people would not want to cause harm on public transport in the daylight, you ought to ride the public transport I do. Your head would spin and your opinion change.
Tom Leykis Fan (DC)
I disagree. Burns are the worst violence a person can go through. Sasha would have been better off if he was punched in the face. He'll be dealing with the pain and scars, physical and mental, from burns for years.
TL (ATX)
Why do we distinguish between juveniles and adults ever, for any reason, if we allow for children to be tried as adults in criminal court? There should not be any ambiguity or inconsistency to this. Either one is a juvenile, not yet fully matured, or one is an adult and should bear the full weight of his wrongful actions.Richard is a child.
N. Smith (New York City)
Good story. Interesting story. VALID story....But WHY? is it so prominently featured on the front page of today's NYT.com?--Especially when there are so many other stories of IMMEDIATE and critical world-wide interest??... (i.e Wars, Plagues, Religious & Political Uprisings, Financial upheavals that threaten the World's Banks & Economies, etc.)
So, just out of curiosity, is there any particular reason why this story couldn't have been prominently featured over the Weekend Edition when possibly even MORE viewers would have the time and opportunity to read it?....Just wondering....
Rachael Firth (Seattle, WA)
Firstly, reading through the comments, I'm slightly alarmed by the number of people using male pronouns when describing Sasha. Sasha identifies as agendered (does not conform to the societal imposition of belonging to a binary gender system) and prefers to be referred to with neutral pronouns: "they" would be the correct choice, not "his". Also, Sasha is not gay; no mention was made of sexual identity. Gender identity and expression are completely separate from sexual identity.

Second, I'm amazed at the response by the adults and by Sasha in this case. Richard made a bad decision that is going to rightly cost him some of his freedom. Sasha, thankfully, appears to be mending, mentally and physically, and is a student at MIT. Richard is a product of his environment. How could you live amongst such violence and privation without being scarred? What is necessary is to halt the cycle of violence and for Richard to emerge from his own ordeal as a better person. Going into a prison population would likely mitigate against his rehabilitation as a well-adjusted member of society.

Third, I'm angry at the bias subtly expressed by Mr Du Bois when he implies that "lynching" is a hate crime, but attacking someone based on their perceived sexuality or their individualistic gender expression is not. This is victim blaming and has to stop. Just because someone does not appear to be a member of your minority does not mean that they are not a member of a different minority with equal rights.
human being (USA)
What most shocked me about DuBois's statement is that he talked of Richard's engaging in a "prank" because he saw the skirt as anomalous. A prank? Really?

I know he is Richard's defense lawyer but at least name the action for what it is--a crime. Is it a hate crime? Maybe not. But the repeated citing of the fact that Richard has a gay friend so couldn't be homophobic rings hollow. How many times has it been said: I have a black friend/neighbor/coworker so I'm not prejudiced? We don't accept that at face value anymore, do we?

Whether the DA should have gone with the original plea deal, whether Richard should have been tried as a juvenile, whether this crime is the product of immaturity or something deeper, whether Richard's fate was sealed long before he burned Sasha, are good questions and deserve answers.

But call this what it is: a crime that could have resulted in far more than the burning of a skirt and limbs. Were it not for the actions of Mr. Gale and the other bystander Richard might have been facing far more serious charges up to and including a murder rap.
LEMMON 714 (NYC)
"They" applies to more than one person. I cannot demand to be acknowledged as more than one person simply because I say so.
The reality is that there are males and females with differing aspects.
JY (IL)
“I’ve also been hurt alot for no reason, not like I hurt you but Ive been hurt physically and metally so I know how it feels, the pain and confusion of why me I’ve felt it before plenty of times.” These words from Richard are touching, although they came after Sasha was injured. At the same time, I am confused by Richard's mom saying repeatedly "God is Good" as if she were blind to Sasha's injury and pain. What concerns me is she is a parent to a 16-year-old.
Tom Leykis Fan (DC)
Babies having babies.
B.C. (Austin TX)
Imagine for a moment you have -- and love -- a genderqueer teenager.

Are you still so sure you want "restorative justice" for Richard Thomas, who apparently thought that admitting to being "very homophobic" would make the police see his actions in a more sympathetic light?
human being (USA)
Restorative justice, where offered, should always be an OPTION not something forced on victims by lack of choice or pressures of guilt over the perpetrator's circumstances.
S.L. (Briarcliff Manor, NY)
I understand that people think that Richard is not getting a fair deal. However, if you ask a 5 year old if it is all right to set someone's clothes on fire, the child would say no, it is wrong. Even though teenagers love to play pranks, a sixteen year old should know better. The owner of the lighter should have also been charged as an accessory. (The ringleader of the rape at Vanderbilt was convicted without touching the woman.) I am tired of teenagers being excused because their brain is not fully developed. Do they know it's wrong; yes. Would they like someone to set their clothes on fire; no. This is being turned into a racial issue, another black teenager being sent to prison. It doesn't matter what he looks like. He shouldn't be excused because of his color. He committed a very serious crime which will affect his victim for the rest of his life. He deserves a severe punishment. If he decides to stay on the straight and narrow in prison he should be able to get out before is 21st birthday. In California, very few serve their whole sentence. His victim has to serve the rest of his life.
Ed (Maryland)
"In a Montessori middle-school grade with only 25 students, two identified as transgender, including Sasha’s best friend. Maybeck High School, with just more than 100 students, had two who were transgender and two, including Sasha, who identified as agender."
+++++++++++++++++++
I'm sorry something is off here. Eight percent of a middle school class identifies as transgender, 4% of a high school is way above the national averages. Sounds like these identities are function of an overly permissive atmosphere. This can't be a natural random phenomenon.
Sandee (Houston, TX)
It sounds like parents of kids who identify as genderqueer moved their kids to a tiny, progressive private school -- perhaps because of rampant bullying, threats, harrassment!
Regan DuCasse (Studio City, CA)
Being permissive about gender and gender expression is FAR better and more harmless, than being permissive about the violence one teen can commit on another.
A boy who wears a skirt.
Or a boy who set the boy wearing the skirt on fire.

Don't even THINK about trying to blame Sasha for the pain and suffering he went through.
Richard is big enough to commit the crime, he's big enough to know what consequences were likely.
human being (USA)
And? How does this relate to the burning? As to your question... Maybe the sample is skewed but then again maybe the parents were wise and had enough resources to send their children to schools where difference is celebrated not ridiculed.
naif (Cambridge, MA)
I totally can't believe the comments of these bleeding hearts who have misplaced sympathy for the anti-social actions of this malicious perpetrator instead of the innocent victim. It's viewpoints like these expressed that send right-minded decent people into paroxysms of contempt for the criminal and his warped supporters. As has been said before, "the definition of a liberal is someone that hasn't been mugged". I'll bet these people would be singing a different tune if terrible and unprovoked violence intruded into their ivory towered lives.
ROK (Minneapolis)
So because Richard Thomas had a rough life we are superposed to give him a bye for setting another child on fire? No not okay, end of conversation.
Philip Brown Nyc (Nyc)
Beautifully written. Thank you.
What me worry (nyc)
Why does Oakland have such a high robbery/crime rate? Why aren't the kids walking home from school to get rid of all of that excess enegery. Why does TV provide such wonderful examples of terrible behaviour -- e.g Hannibal (NBC), and the one abour the man who ran the murder cult. Why do Kathy Lee and Hoda have wine on TV at 10 AM. You may think people are immune to bad behaviour but they are NOT and as this amply demonstrated good judgment is often lacking. More to the point tho, where are the adults and why do many kids think it's OK to misbehave?
OAO (Seattle)
I'm kind of surprised how many comments seem to be making excuses for Richard. It's probably true that if here were white, he would have been treated differently, and the DA might have pursued lesser charges. But it's also likely (at least in a place like New York; maybe not in other parts of the country) that if Richard was a white kid who set a black kid on fire because of his race, that he would have faced even tougher consequences than he did. "He didn't mean to hurt him", "he didn't know what he was doing", and "he's only 16" don't excuse setting someone on fire and then running away when your actions are clearly imperiling their life. There is a lot wrong with our justice system, and I agree that a long jail sentence is the wrong way to deal with a young offender like Richard, but I can't muster a lot of sympathy for a kid who does something that is so obviously wrong and immoral.
Sandee (Houston, TX)
If white upper middle class Sasha had lit poor black Richard on fire and subsequently told a police officer that he was "totally racist" and "hates black people", I do not think Saha (even with the help of a skilled, expensive lawyer) would've gotten off scot free!
bocheball (NYC)
A terrible story. Tragic for both Sasha and Richard. Sasha's parents have shown far more compassion towards Richard than the criminal justice system. I believe Richard didn't intend to burn Richard, one could almost say it was an accident. It was a kid prank, albeit a stupid one, but thousands of kids do them every day, rarely with such awful consequences. We used to take hair spray and burn objects with them as a kid. Richard was not a criminal before this. He was scarred from the violence around him and was trying to help himself. He was raised by a 15 year old mother, no easy task.
Throwing Richard in jail, eventually with adults, will be the worst possible outcome for him and society. Why isn't the kid who handed him the lighter being held accountable? No lighter, no crime.
The DA is exercising vengence justice. Both Sasha and Richard deserve a positive future.
Alexandra (Seattle)
This article was heartbreaking, but the lack of sympathy in many of these comments is even more so. Both these teenagers deserve so much more from our society than they have been given.

p.s. commenters supporting Sasha would do well to use their preferred gender pronouns.
Aeon555 (Northport, New York)
Very moving on all levels. I wondered what kind of emotional life a boy could have living in a household where a mother works fifteen hour days and dealing with a community rife with violence. I hope everyone in this situation finds healing.
Sasha Love (Austin TX)
I remember hanging out with a friend from work at a downtown wine bar after work when I lived in Florida, listening to jazz. We left a few hours later and were walking to my car when a pack of 3 or 4 drunken frat boys came up behind us and started calling us dykes, shouted that they were 'going to beat the sh&t out of us' and 'how disgusting we were' and I ran like I've never run before. Luckily we ran up to a crowded intersection up the street before they could catch us. Reading the story about Sasha made me think, there but the grace of God go I.

This whole story was a tragedy, especially for Sasha and this pattern of violence against LGBT people is not uncommon. Richard just seems to be a lost, empty soul with no moral compass.
Nick Oliva (NYC)
Juveniles should be prosecuted as juvenile when their acts are "juvenile". A district attorney should be required to show proof that a juvenile is hardened, evil, methodical, premeditated, sadistic -- exhibiting behaviors of adult criminals -- before being permitted to bring charges as an adult.

Richard was egged on by an accomplice and committed the most absolutely juvenile of acts, for which he clearly has shown all the remorse that anyone could possibly expect.

I would be curious to know what the Supreme Court has said are the circumstances under which a juvenile may have years of life experience presumed upon him.
jb (ok)
I have to say, though, Nick, that when I was ten years old, I knew not to set anyone's clothes on fire. And Richard did know that, too.
John C. (Los Angeles, California)
No winners in this tragedy.

I question the significance of Richard Thomas's two letters expressing contrition ("I apologize for my actions," "I have a big heart" and "I'm a good kid"). I suspect that many people in our jails and prisons could sincerely utter the same words. Or maybe I am just remembering old Sunday School lessons from Proverbs about how all of us--"even children"--are known by our actions (and not by our words). Instead, let us as figure out effective ways to prevent or deter such cruel actions.
Barbara (Tucson)
Read your Old Testament. Manhood, and your accountability starts at 13 years old. This a hate crime pure and simple. The LGBT community must see justice done!
LEMMON 714 (NYC)
The LGBT community supported the Thomas's being tried as a juvenile. What does the Old Testament have to do with anything?
Michael W (Cambridge, MA)
Many commenters have said that this was the DA's attempt to make an example of Richard. But to whom? To readers of the New York Times?

This is a sad story for both parties, and a single verdict or article is not going to address the larger issues, which include socioeconomic and educational inequality and a widespread lack of understanding and tolerance for LGBTQ individuals. (Even people quoted in the article can't figure out how to use the right pronoun for Sasha.) There needs to be better education in American public schools about different gender identities and sexualities, and such people need to be discussed in the media. This is not a luxury, and it is not only for rich people, or white people, or people living in blue states. Clearly, these two kids will feeling the lack of it for the rest of their lives.
albaniantv (oakland, ca)
If I understood the earlier part of the article, it sounds as though Richard already had committed a crime for which he and a close friend were sent away to juvenile facilities for punishment. Perhaps that is why the prosecutors were not inclined to be as lenient and insisted on treating Richard as an adult.
California has gone back and forth as to how much "treatment" is to be made available within its jails and prisons, but currently the pendulum has swung back towards helping young offenders with funds from its Mental Health Services Act. I am not an expert but from what I know, Richard will need an advocate on the outside to make sure he can access those services.

So, I am agreeing with Paula: to help Richard get something positive out of these years inside, volunteer advocates would be welcome.
merc (east amherst, ny)
It seems obvious that when Richard held the lighter to Sasha's skirt, he imagined a small flame forming, and he'd sit with his friends and watch it get a little bigger, then a little bigger. Period. He obviously didn't think this through or I can't believe he'd ever have gone through with it.

I just don't think there was much more thought involved than just that. He had a notion. Most actions like this, by kids this age, don't involve strategies that are extremely complex. They have notions of what they're up to, what they're thinking about, planning on doing. Not much different than someone who pranks someone in a dorm room, having a bucket of water fall on their roommate's head, or scaring the bejesus out of someone by wearing a freaky mask. How many of those instances involve any considerations of someone getting a fractured skull or a heart attack and dying?

Whatever that skirt was made of is one of the rubs in this incident. There was something in it that acted as an accelerant. Richard had no idea how fast the fabric would be engulfed, imagining something more akin to placing a match against a simple hand towel and watching a tiny flame take shape and then who knows what? He just wasn't thinking past the notion of a small flame and being so cool he was the one who caused the 'big laugh." And I can't even imagine how he could be charged with attempting to do Sasha bodily harm. That is so crazy an assumption. But this story has just begun. Too bad for all involved.
Todd Fox (Earth)
Would you feel differently if Richard was white and set a black man on fire? That it was an innocent childish prank?
I think it's possible that there is an element of racism in peoples willingness to excuse Richard because he's young and black and he didn't think his actions through. Holding young black men to a different expectation of intelligence and common sense than young white men is just a new way of saying they aren't as smart as white men.
I still can't get over how many people think of setting someone's clothing on fire isn't an extreme act of intimidation. Have you ever known someone who burned to death or suffered in a burn unit? Being set on fire is an act of terrorism and intimidation.
La Verdad (There)
Right....its the fabric's fault.
Sandee (Houston, TX)
Because we can all agree that a 16 yo is old enough to know that if you light a skirt on fire, it is likely to be LIT ON FIRE. Which is dangerous to the person WEARING the skirt.

Because society deserves protection from a kid who lacks the impulsive to stop him setting people on fire.
Suzie Siegel (Tampa, FL)
I hope Dan Gayle is rewarded for being a hero. He got involved not knowing if the teens would turn on him.
bobaceti (Oakville Ontario)
A good case study well written. It places the majority white heterosexual community as judge of an uncommon act of violence that begs for compassion, punishment and rehabilitation. The victims, both teenagers, were caught unprepared by a series of events that cascaded mistakes caused by peer pressure, in Richard's case, and Sasha's innocent naive behavior by napping on a bus route that passed through a tough neighborhood. Gender was raised as the spark that ignited Richard to fall into the common pitfall of boys to be accepted with groups of older boys. I agree that Jamal should have been charged if the evidence clearly indicated he was instigating Richard to act and provided the lighter. It's a tough case for both teens that they will never forget. Hopefully, someday, Richard may find confidence to travel to schools in tough neighborhoods to tell his story to impressionable boys who may fall into the same trap as he had. Then his rehabilitation would be complete. And those who pay attention to Richard's story may reflect on actions contemplated within groups that may result in unintended consequences. If life is a sequence of memories retained Richard's story is a nightmare he will carry to his grave.
Susan Goding (King County, WA)
I feel for Sasha. What happened to them was horrific. I hope they heal. I also feel for Richard. Richard is trapped by status, class and race. Because of his age he is trapped into a school system that does not know how to educate him. He cannot move away and he can't get a job. I think both Sasha and Richard need our support and love. It started with a bad school system and was made worse by the judge. I do believe it was a juvenile prank gone horribly wrong. Richard's story is so common. I recommend everyone read the book, The Men We Reaped by Jesmyn Ward. Schools are central to the story of Sasha and Richard. Justice will only come to the Richards of America when our schools figure out how to educate all of our children.
M. (Seattle, WA)
“I’m homophobic,” Richard says at last. “I don’t like gay people.”

What more do we need to know? Can't wait for Blow's column on this story.
AG (Eugene)
If I take your point correctly, I'd say you, too, judge hard and fast. Why did two primary human rights orgs on this issue ask for this NOT To be seen as a hate crime? This kid is capable of looking at himself and learning. He needs to give restorative justice both for Sasha and for himself.. Yes, but in a healthy way. Further, we should try to discern and distinguish between childish pranks by frustrated young ones from true hate crimes, lest we dilute and lose our understanding of hate crimes.
Gene (Ms)
A lot more can be known. I'll only point out one: Richard said he was homophobic to the police but his testimony and that of others suggests that he's really just uncomfortable with something he doesn't understand. This left him vulnerable to peer pressure and he did something incredibly stupid.
Robert (Philadephia)
I think I understand Sasha's linguistic concerns. Nevertheless I find referring to a single, integrated personality as "they" scary. Better is "xe" which is singular. The New York Times is struggling with this issue and wrote the article appropriately as pointed out elsewhere in these comments.

I wish Sasha well. I would have loved to hear about his going to MIT.
LEMMON 714 (NYC)
"They" and "we" are simply inaccurate in that whatever gender issues are involved, Sasha is one person. The better choice is to remove the attached expectations of the pronouns "he" and "she", use them based on standard XX/XY chromosomal notions, and leave out the stereotypes. Having different aspects of oneself does not imply that one is more than one person.

One could just use a persons proper name, "Sasha", awkward as repeating that interminably would be.
AG (Eugene)
The pain I felt for both kids, both families was so visceral it was hard to keep reading this, but thank you for it. My heart to both. May we never forget our hearts when we apply our ethical standards. Richard will never be the same and if he is supported would likely grow to be a great man. He has to do SOME time he has got to feel himself he has paid some dues. But if he is punished severely and harmed in prison he could lose his soul. I believe what is right is obvious here. I believe both families see it. My special respect to Sasha, but to both boys for growing already.
Cinquecento (cambridge,ma)
My best wishes to Sasha, who seems to be a very interesting person. As for the other kid, I prefer to say nothing.
johnpowers (woodbury nj)
with all the innocent people in peril in this world we waste a moment on someone who set another human being on fire for fun? if theres any question who the victim is, its the person whose skin peeled off her legs. we're not in OZ gang.
Sajwert (NH)
"“He’s now thrown to the wolves,” Du Bois told me. Weeks later, he was still fuming about Richard’s sentence. “It’s punitive,” he said. “And for what? Protecting the community by making this kid into a real gangster?”"
***************
So Richard will be punished. And who believes that justice has actually been served by the abrupt changing of the plea deal which will cause him to spend longer in prison.
What he did was beyond stupid. He certainly should receive the consequences of his actions. But he is not and was not a hardened gang member, a person who had already been in the system numerous times for bad behavior, he had a loving and caring parent who obviously taught him right from wrong so he knew the difference.
We don't always, and it seems that the words should be changed to "we occasionally", do the right thing. I question if this longer sentence was the right thing to do.
pups (New York, NY)
Enough with the sob story.. Richard set an innocent, sleeping person on fire.
No explanation for his past is necessary.
Marc (NYC)
So much static/noise in human interactions - Sasha and Richard both lost in it for an interval - hopefully their signals will prevail...
TK (Manhattan)
Truly a tragic story. Reading this compassionate piece, I found myself wondering, which of these two young people should I pity more?

Then I decided, "Probably the guy who didn't set anyone on fire."
John (NYC)
Richard is a troubled kid. He needs guidance and rehabilitation. He needed it 10 years ago. Punishing him is not the answer. Anyone who says that a 16 year old is capable of making decisions like an adult probably doesn't have much experience interacting with teenagers.

It really angers me that the deputy district attorney Richard Moore decided to add two years to his sentence for no reason. Why does he have the right to do that?
bluestar MD (NY)
16 year olds make bad decisions, sure, but any 16 year old year old knows that setting another human being on fire io just plan WRONG, EVIL WRONG DISGUSTING no excuses. I am not taken by his apologetic letters, I do not believe them
William (Alhambra, CA)
How much cognitive power does one need to realize that it's bad to set another human being on fire?
sanych (NY)
... especially, after spending some time at a juvenile facility prior to this incident.
Omj66 (Massachusetts)
Dear Ms. Slater,

A great article. Jasmine, Karl, Debbie, and Sasha all seem like Goidelic people. I even feel there's hope for Richard, although I fear several years in adult prison will be counterproductive.

Prison can only do so much. I think a one or two year sentence is enough to make a kid like Richard , and by that I mean not a hopeless kid, pay attention to his life.
Jared (San Francisco, CA)
Such a sad case. I believe Richard is sincerely sorry for his actions, but laws are laws and hate crime legislation has to be applied across the board, not selectively, so the sentence is justice. One thing left out from the article is that Richard ran from the scene and tried to hide from his crime, he did not take responsibility for his actions. The only reason he was caught was because of the cameras on the bus.
Max Cornise (Manhattan)
It is just a terribly sad story, a life-changing decision to set fire to a skirt in the blink of an eye. Both families are coping the best way they know how, and what amazed me was Sasha's incredible insight and her understanding are extraordinary traits. I wish I could meet both the families and just tell them I am praying for all of them, for Sasha to heal completely and for Richard to take every opportunity that is handed to him, and that the court will provide him with opportunities to heal his own wounds and come out rehabilitated rather than a thug. God, this was a tough read, and God bless them all!
bcashb (Bethesda, MD)
DAs, DDAs, ADAs...they have utterly no interest in justice. They have no responsibility to the victim, to the defendant, or to the good of the community. Their sole motivation and incentive is to win at any cost, and the bigger the win the better. They manufacture or withhold evidence. They brazenly obstruct justice. They do what they do with legal impunity, knowing they will never be held accountable for their misconduct.
Michele (Berkeley)
Sixteen year olds are not adults. They should not be charged as adults.
Suzie Siegel (Tampa, FL)
Just fyi, boys who attack girls are rarely accused of hate crimes unless the girl is transgender or lesbian. I'm sorry that Richard had such a hard life, but we know that authorities tried at least a couple of ways to get him help, and he ended up setting a person on fire. Was this his first "prank," or has he bullied or hurt others in the past? We hear primarily from adults who care about him.
A Reader (Detroit, MI)
Sasha, I am so sorry that this happened to you.
I am astonished by your fortitude, grace and willingness to forgive. I wish you the very best.
cweakley (los angeles)
Yes, Richard, you are a monster. Your behavior is not just outside of some socially acceptable norm that we can argue about all day. It is monstrous. And that makes you a monster. We cannot be accountable to ourselves, to society or to any higher power if we insist on separating our behavior from our identity.
J.B. (Dallas)
We really need to come up with a gender neutral pronoun, not just for people like Sasha but for everyone. Using "it" is dehumanizing and "they" is obviously plural.
LEMMON 714 (NYC)
Use the person's name, awkward as that may be.
Ms. Zxy Atiywariii (displaced New Yorker)
J.B. of Dallas and LEMMON 714 of NYC -- Let's reclaim the gender-neutral pronouns English already had in Chaucer's time and in Shakespeare's time. Both Middle English and Renaissance English had gender-neutral pronouns, and I have always wondered why Modern English does not.
AACNY (NY)
Richard was incredibly stupid to not realize the skirt could catch fire, but the lack of awareness of the harm he could be doing to someone is just as bad as the act itself.

There are mistakes kids make that are dangerous, and then there are mistakes they make that show a complete disregard for other people. I find the fact that he would ignite someone's clothing horrifying.
eyeroller (grit city, wa)
terrible, stupid crime and richard thomas should face jail time for it, though this all feels less "hate crime" and more "typical bullying."

but at the same time, both kids come off in this story like teenagers trying to find a place to fit in. Sasha's "agender"-ness comes off like a new look she's trying out - like "hippie" or "gangsta" or all those identities we all try on during our teenage years. (i say this because of the way Sasha got into this, asking "well, am i a guy?" in the same way many of us ask "am i into Phish?" and then start identifying as that clique. and yeah, sasha felt stronger stepping out in a skirt in the same way i did stepping out in a leather punk rock jacket; it made me feel cool...)
for example, when sasha says "16-year-old kids are kind of dumb," it (that feels weird, but i refuse to use the plural "they" for a single person. that's Dumb...) forgets that last year it was 16-year-old kid who decided it was "agender."

i want to be clear: i am not blaming the victim or trying to excuse the behavior of the assailant. i do not care how you dress, how you identify, whom you choose to love or how.

i just think calling this a "hate crime" actually diminishes what that phrase means.
Michael Nunn (Traverse City, MI)
For you to compare the issue of gender-queerness with mere issues of style and appearance indicates a lack of understanding - as if gender sense can be merely decided, like choosing a leather jacket over a blue denim jacket. Sexuality, unlike styles, cannot be worn or discarded at will. Sure, adolescents "experiment" - and we know that experimenting with homosexual acts does not necessarily determine an individual as gay - but gender sense emanates from within the persona, not from within the clothes closet. All kids want to fit in, even kids who know they are somehow different. Being different forces an ongoing decision whether to lie about it and attempt to conform, or to be honest about it and live differently - perhaps at the risk of being exposed to ridicule and horrific things such as flamethrower attacks. I admire Sasha for his courage. I think Richard was victimized by his own cultural superstitions, which show no tolerance for non-heterosexuality.
Aaron (Los Angeles, CA)
An excellent article that does what good journalism should do: make us ask questions about ourselves and our society.

I am going to nitpick one line, only because it's something that means a lot to me. Slater wrote: "or who participated in Live Action Role Playing, a theatrical descendant of Dungeons and Dragons, in which costumed players acted out game scenarios in places like Tilden Park on the outskirts of Berkeley."

Live Action Role Playing (larp) isn't a theatrical descendant of D&D. There are many examples of larping before D&D existed (IF Day in Caanda, Atzor at U Nebraska, both in the 40s, plus psychodrama by Jacob Moreno, the Society for Creative Anachronism, mock trials, model UN Clubs, and military/nursing simulations). However, D&D was like the invention of the electric guitar to music: the art existed beforehand, but it wasn't rock and roll.

Thank you.
TerryLynn Whitfeld (Upland CA)
Choices have consequences. Actions have consequences. Being ONLY 16 does NOT excuse an individual from such......choosing to set another human on fire.....the consequences are and should be as SEVERE as the pain from the burning flesh of another 16 year old.
Jay (Florida)
Richard Thomas is 16. His letters of apology hardly reach the level of a young man who should be a junior in high school. He can't spell. He expresses his remorse in the way that seems more like a 12 year old than a teenage boy who is 16. He is childlike and immature. His English skills are far below average for a boy of 16. He lacks common sense and good judgement. He thought what he did was funny. Richard states that he's "homophobic" but I doubt he knows what that really means. Fear is not the same as hate. Richard also knows the difference between right and wrong but his intent, intent that included 4 attempts to ignite the skirt was to do the wrong thing.
Oddly Richard's mother thinks this is part of god's plan. A plan that included burning and maiming an innocent youth. I wonder what god wrote that script. Nothing is mention of Richard's absent father. Richard may not have deserved the life he wound up in but it's not an excuse for his behavior. Seven years is a long time. I hope Richard catches a break. I hope he learns to understand the enormity of what he did.
ZAW (Houston, TX)
I'm not sure why we need to see the sob story of Richard Thomas. It's always the same with ultra liberals. "Oh he might have set someone on fire but he had a rough childhood. He lost his mom and brother to violence and his father to jail and he was abused by an uncle and didn't have enough to eat and fetal alcohol syndrome, and there was the crack his other brother smoked, and he fathered a child at 14, and, and....." none of it should matter now. He and his friend intentionally set Sasha Fleischman on fire. That's all that matters now.
.
Don't misunderstand me. I have plenty of sympathy for disadvantaged kids. I wept, like most did, while reading about Dasani in the New York Times. But the moment a violent crime is committed, my sympathy disappears for the perpetrator. It is replaced by sympathy for the victim.
whoandwhat (where)
It's not a surprise that the NYT crowd wants to go easy on the Richard Thomases of the the present day; it's a product of the untethered lifestyle.

The family structure you described includes elements of the liberal cannon; busting the patriarchy with single mother parenting, especially of boys, freedom to use drugs, respect for alternative sexual mores ("who is to say that 14 is too young? That's a middle class white Christian capitalist imposition!").
Sarah (New York, NY)
Some of us are capable of feeling both.
M (VA)
You cried for Dasani but you don't seem to realize that very disadvantaged upbringings, like hers, have consequences.
Mtnman1963 (MD)
Soon everyone will need to wear a tag so that we all know how to refer to them: male, female, trans, cross, homosexual, hetero, bi, quasi, proto, non, . . .

What's next? "Kinda-mammalian"?
Hypatia (California)
I believe that last is termed "otherkin." No joke.
Dr E (san francisco)
Disgusting comment given the contrxt
Away, away! (iowa)
Or you could just be ordinarily civil and ask how people prefer to be addressed.
Markuse (A)
FYI - the AC bus is not "Alameda County Transit" it's "Alameda-Contra Costa".
Scott (Charlottesville)
Maybe a more old-timey biblical justice would be better. I wonder if Richard would have been happier with a public flogging, having it be over, and him rightfully bearing physical scars of his own to atone for his crime. Because youth notwithstanding, what he did was a crime and he should pay for that. Seems like the justice we devised for him is more likely to destroy him than a flogging. How is that better?
umassman (Oakland CA)
There is something to be said for bringing back public punishment. Nothing else seems to be working well here in Oakland.
Adriana (Florida)
"Telling Sasha’s story also poses a linguistic challenge, because English doesn’t offer a ready-made way to talk about people who identify as neither male nor female. Sasha prefers “they,” “it” or the invented gender-neutral pronoun “xe.” The New York Times does not use these terms to refer to individuals."

Well, the NY Times should use the terms individuals prefer. If you refuse to use agender pronouns, you are disrespecting the individual and basically saying that their choice is not valid, not acceptable.
The NY TImes uses "she/her" when referring to Chelsea Manning, even though she has not completely transitioned. That is that right thing to do, since each person has the right to an identity, and nobody else can define this identity. Chelsea Manning said she identifies as a woman, nobody can say she doesn't.
But in this case, The New York Times is denying agender people their identity. Why?
Jatropha (Gainesville, FL)
And if people choose to see themselves as deities, should the Times respect that choice by capitalizing the pronoun? If people see themselves as embodying multiple personalities, should the Times accept that choice and switch to the plural? If people choose to follow the path of the artist formerly known as "Prince" and rename themselves with a symbol, should the Times change its typeface to accommodate each new invention?

The author has already bent over backwards in this article to avoid using gender-specific pronouns. To say that the paper should adopt new, made-up words like "xe" for each person who invents them seems like an off-ramp to linguistic madness. When I read an article, I want it to be in the language of the New York Times, not in the language of whoever is being described.
LEMMON 714 (NYC)
Some preferences beg questions. "They" is likely simply inaccurate. I don't need to use an inaccurate term merely to be polite.
eldorado bob (eldorado springs co)
Lighting someone on fire on purpose is not 'a mistake'. He is a miscreant who needs to be taken out of society. There is no age where where this behavior, or even the thought of it, is forgivable.
Jim (USA)
I'm sorry but if you set someone on fire, yes, you are in fact a bad person. Nothing in your past, nothing you can tell me can justify that disgusting, callous act.
Martha (MI)
This article is why I pay for the NYT.
I am a better person for having read this measured article.
Thank you for your investigation. sensitivity and hard work.
Talia Wise (Oakland, CA)
I live in the neighborhood where this happened. It's such a sad story.

Richard's letter illustrates true regret.

Since the event, Sasha has handled themselves with great maturity, and compassion. And they are so right when they say in regards to Richard, "But then again, he’s a 16-year-old kid, and 16-year-old kids are kind of dumb."

Something similar happened when I was in Jr High (in the 80's). A punk boy (white) set a girl's hair on fire (she was Hispanic). There was no doubt he was an angry boy, he acted out often. But he was not incarcerated for his crime, I don't even know if he was arrested, I only remember that he was suspended. He went on to go to one of the best colleges in California, create a career, and make a beautiful family.

Every time I read about this case I think of the boy I went to school with, how lucky he was to not be incarcerated for his actions, and how he pushed through his teenage years without committing any more crimes. He was so dumb, and reckless, and then he grew up.
Helen Wheels (Portland, OR)
In the meantime the Hispanic girl's life probably wasn't so wonderful then or afterwards.
Dr E (san francisco)
On the other hand, one might argue that it was precisely because your punk friend was never punished for his crime, that such crimes were viewed by other impressionable youths in the community as being "acceptable". A form of tacit endorsement that ultimately led to a crime like Richards.

The purpose of our justice system is not only to punish perpetrators, but also to serve as a deterrent to prevent new ones.

Not an easy case, to be sure, but we need to consider the message that letting Richard off lightly would send to others.
mclynn (Chicago, IL)
Sasha and family showed remarkable forgiveness for such a heinous act. I'm thankful there are people like this in the world.
Frances (Forest Hills, NY)
Lengthy discussions of gender, race, mass incarceration, and neural immaturity only seem to me to obscure the fundamental issue. Fire is humankind's primal fear--hence the title of the story. What else is relevant?
Sam I Am (Windsor, CT)
Why have a different set of criminal laws for children if we're just going to ignore them any time we think the crime is horrible?
The rationale for having criminal laws treat juveniles differently relates to their immaturity, their impulsivity, their lack of cognitive and moral development, NOT the harmlessness of the crime. What's a better example of a crime by reason of immaturity than a bullying prank gone wrong?
When any child commits a crime, they should be subject only to the juvenile laws. If anything, the senselessness of his crime militates in favor of recognizing Richard's immaturity and prosecuting him as a juvenile.
irate citizen (nyc)
If it was reversed, if Richard was white and Sascha black, there would have been at least 500 posts from NY Times readers on the evils of white racism. As it is, it seems there is more sympathy fo Richard than Sascha. Weird.
naif (Cambridge, MA)
irate citizen, I absolutely agree with you. It's heartening to hear from decent people like yourself.
Helen Wheels (Portland, OR)
A lot of homophobes read the NYT. They just don't think they are.
Rose (Seattle)
I don't think Sasha needs to be black in this scenario.

Just this: If both Richard and Sasha were white, would there be so much sympathy for Richard? In fact, would there be any sympathy for Richard at all?

For the record, I wouldn't feel sympathy for a 16 year old who set another kid on fire. Doesn't matter what the perp's race is.
Hunter (Point Reyes Station CA)
Yeah, I just read the book but I'm not interested in seeing the movie.

Where's the empathy, compassion and sympathy for parents Karl Fleischman and Debbie Crandall, as we're all just caught up in the swirl of the criminal justice system and the poor misunderstood, bad seed Richard Thomas?

“I just had this wave of emotion at how young he looked,” Karl said. “He just looks like a kid.” Debbie said. “We got Sasha back. But poor Jasmine. She lost her son for years.”

Yes, a son who ruined the lives of many including Sasha, you and Debbie, too. Such misplaced progressiveness.

I would suggest both of you join the Wounded Warrior program, while Mr. Thomas considers his next smart move, behind bars.
naif (Cambridge, MA)
Hunter, I agree with you.
Chris Miilu (Chico, CA)
Sasha is attending MIT; his life was not ruined. Richard's options are much more limited, as are his parents' ability to help him.
Michael Nunn (Traverse City, MI)
Hunter, first you state that you see no empathy for Sasha's parents in the flood of concern for Richard Thomas. Then just a few sentences later you arrogantly call out this family for their "misplaced progressiveness," and then deliver a coup de grace by insultingly suggesting they joint the Wounded Warrior program?

How would you know anything about empathy for others, as you so clearly have none to offer?
Lifelong reader (Brazil)
On a side note, I read a piece of news about a little girl in a Halloween costume that caught fire from a candle. A man tried to put the fire down but it was really difficult, with the fire flaming up again and again, and the girl got severely burnt. It is true that those cheap nylon costumes or skirts catch fire like gunpowder.
Brock Stonewell (USA)
If Richard was alone that day on the bus this all wouldn't have happened. Peer pressure to perform "pranks" has been around forever. I don't believe any laws will ever change it.
Lori (New York)
Yes. Do you have a suggestion then?
mara koppel (providence r.i.)
One of the strongest stories I have ever read...anywhere. I find it hard to understand how Richard's history somehow mitigates his horrific act. What kind of person flicks a lighter at a human being? Yes, teenagers have poor impulse control, but I do believe they know right from wrong. And Jamal should not get a free pass. Every time someone suggests something stupid, are we obligated to act upon it? I found Sasha's parents rather ambiguous. Their notion of referring to Sasha as "they"was problematic. I wish Sasha well and hope Sasha finds out who Sasha is. Sasha, not "they".
rnh (Fresh Meadows)
I find the plural pronouns for the singular Sasha very disconcerting.
Away, away! (iowa)
Seems to me that Sasha's pretty clear on who Sasha is.
Michael Nunn (Traverse City, MI)
Mara, I have a godchild born Emma who is now 24 and only recently came out as gender queer. Emma is now named Connor and prefers the masculine pronoun, although I don't think he is completely comfortable with that either. Your final construction, "I hope Sasha finds out who Sasha is..." is more than a little patronizing. People should be able to refer to themselves as who they are, but today's language is not keeping up with requirements. The pronoun "they" is obviously a misfit in that it creates contextual confusion. I must admit I am confused enough myself when trying to avoid "pronouning" Connor (calling him a her). Right now it is hard not to be ambiguous but this is a modern issue (the recognition of gender diversity, not the existence of it), and the language for it is having to try hard to keep up.
Vivian Bedoya (Franklin Township, NJ)
Richard tried to set the skirt on fire three times before he succeeded. Those were three chances to stop his reckless criminal behavior. Then when he succeeds and horribly injures Sasha, we're supposed to feel sorry for him and treat him like a juvenile. I think he got off a lot easier than he deserved and obviously so did the judge.
naif (Cambridge, MA)
Vivian Bedoya, you couldn't have said it better. You have exemplary common sense and true human decency, and for that I commend you and am glad you're my fellow citizen.
Adam (Tallahassee)
In so many ways this event seems like a dumb youthful prank gone terribly awry, but Richard's confession that he's homophobic ("I don't like gay people") seals his fate. What would we say of a white man who set a black man on fire and confessed afterward that he was a bigot who didn't like black people? Would we think 5 years in prison was even enough?
naif (Cambridge, MA)
Adam, you have a truly valid point and I think you're absolutely correct in your views.
BarbaraL (Los Angeles)
But Richard Thomas isn''t a 'man,' is he? He's sixteen, still a kid, with poor judgment, poor impulse control and poor understanding of the consequences of his actions. Not even the victim or his parents want him to serve seven years, some of it no doubt in adult prison. And anyone who thinks he won't come out, at the end of that time, even more messed up than when he went in, demonstrates even worse judgment than Richard Thomas shows. With far less excuse . . .
LEMMON 714 (NYC)
This kid was interviewed by a police officer without a lawyer present. The questions were intended to illicit evidence of a bias crime by a simple yes answer.
Mark Shyres (Laguna Beach, CA)
Perhaps the punishment should fit the crime?
CK (Rye)
I'm impressed this young gender-standard challenging gentleman made it into MIT, you have to be an outstanding student and very well balanced person to accomplish this. It's curious nothing was said about this side of his life.
Clarity (Nj)
The truly sad story is that no one else on the bus noticed the flicking of the lighter or the raucous behavior and spoke up. The silence of the other riders and the comment from the bus driver after the incident are truly horrifying. Silence is complicity.
Tom Leykis Fan (DC)
What's horrifying about the bus driver's comment?
Clay Bonnyman Evans (Niwot, Colorado)
I confess I'm trying to understand why it is I should have any particular sympathy for a kid who deliberately and persistently attempted to set another human being on fire until he succeeded. Leave the gender questions aside; that's disturbing.
Kat (Hollywood)
As someone who lives & works in an area with a large LGBT community, I think Richard Thomas is exactly where he belongs. He had plenty of time to think about what he was doing when Sasha's skirt didn't catch fire the first or second time Richard tried. I also find it interesting that once again someone who commits a violent crime is spoken of as a "good kid"...really?
Actions have consequences & Richard is facing the consequences of trying to injure Sasha who was sleeping on the bus for no reason.
naif (Cambridge, MA)
Kat, I think you are absolutely right - I believe your points are right-on.
Rose (Seattle)
I agree! "Good kids" don't go around setting other people on fire.
bill (Madison)
Maybe they was tired.
Aspen (New York City)
Ultimately the burden is on Richard to learn from his mistake and become a better person. I hope that happens. It's not in anyone's best interest for him to come out and do something worse than what he went in for and this unfortunately seems to be the case in our criminal system.

I hope Sasha doesn't become fearful or harbor resentment in a society where it's already tough enough to be who you want to be without persecution. This just goes to show that our society needs to be more tolerant, have better education and have responsible adults hold our youth to a level of higher accountability.
naif (Cambridge, MA)
Aspen, I think it is not in anyone's interest for the perpetrator to "come out" at all. Not into a decent society that this country could be, anyway, if coddling evil-doers was not espoused by misguided folk in our midst.
Todd Stuart (key west,fl)
He should spend those years in jail contemplating that if he had killed Sasha he probable would be spending the rest of his life there. Articles that try to somehow claim the offenders are also victims trouble me. It is easy, the one are fire is the victim, the one starting the fire is the criminal and in my opinion he is getting off easy.
naif (Cambridge, MA)
Todd Stuart, I think you are absolutely right, and for that I commend you and declare my respect for you.
PF (Boston)
Just as black parents need to have "the talk" with their sons about how to act in the presence of law enforcement for their own protection, maybe parents of children like Sasha need to have a similar talk with their child about the hostility their differences can ignite among ignorant people. Of course, they *should* be able to present themselves however they want, freely, without harm - but that denies the real dangers.
Regan DuCasse (Studio City, CA)
I have mentioned this before, but I am a black woman who has personally dealt with racism AND sexism. Being underestimated and the quality of my life not as I'd like.
My parents and grandparents endured the Depression and JIM CROW, and a lot else.
And managed to live their lives as law abiding, educated people.
The difference here, are parents who didn't teach their children, that regardless how harsh things can be through no fault of their own, individuals still owe society a mannered, law abiding and respectful means of conducting themselves, no matter their origins.
Tim P (Palm Springs, CA)
A palpable march towards justice has begun for our fellow citizens who identify as gender neutral and transgender. We must remember...it was the "drag queens" at The Stonewall Inn who led the charge against the fascist police
behavior which was tacitly sanctioned by the city government. As gay rights have advanced the rights of the T in LGBT have languished. As more people understand what is going on, and journalism like this truly helps to advance that cause, than perhaps more people will be invited to take a seat at the American table. Our President's first time official use of the term transgender is also a giant leap forward.
Basho249 (Minneapolis)
Except Sasha isn't T. Just saying.
Ms. Zxy Atiywariii (displaced New Yorker)
Very well said, Tim P of Palm Springs. But why are asexuals rarely even acknowledged by the "LGBTQ" community??? Asexuals are already so marginalized, that asexual marriages can be legally ruled null by vindictive relatives because the marriage "lacks consummation".
Asexuals deserve to be acknowledged within the LGBTQA community, especially since asexuality is so misunderstood. Psychiatry no longer judges gay or lesbian or transgender people as "mentally ill" the way it used to do. But too many psychiatrists still judge asexuality to be a "mental illness".
It is not. And asexual people are as capable of loving, exclusive marriages as are any other people.
It's bad enough to be stigmatized by society at large, but I don't understand why are asexuals so marginalized even by other survivors of bigotry???
Oriskany52 (Winthrop)
The overwhelmingly large percentage of criminal justice juvenile facilities are horrendous and for those who would argue against this point I would suggest researching and reading any number of non-fiction books that have been written covering the past 50 years. There should be only a miniscule sigh of relief among those who think Richard Thomas got a better deal than being sent to prison.
DCC (NYC)
An extremely well-written story, tragic on many levels.
Sasha is a very brave person, who I hope can remain that way after all that has transpired. What wonderful parents.
While Richard was only 16 at the time of the burning, he committed a very serious crime. I hope that he can reflect on his actions, learn that violence is never acceptable, even when "just joking around", continue with his education while in prison, and move beyond his past.
Jamal should be charged as an accessory.
Kevin O'Donnell (Johnson City TN)
"O’Malley told me over the phone in November that the new arrangement was meant to help him, by giving him more time to receive treatment. She could not, however, name the type of treatment programs she had in mind for Richard or explain how sending him to adult prison would serve the rehabilitation goals she had described."

So preposterous. In other words, O'Malley is a liar. The truth is that she doesn't mind destroying a teenager's life, for a modest career boost for herself.
Ken Potus (Nyc)
I consider myself to be politically conservative but i think the sentence is too harsh. It would have been different if it was a highly planned premeditated attack but this seems more like an idiotic prank gone very bad. 4 years would have been enough.
Lydia (Seattle)
If someone set my child on fire, four years would not be enough.
naif (Cambridge, MA)
Ken Potus (BTW, I think your acronym-laden surname is a bit much), surely you jest when you self-identify as "politically conservative" and write-off a despicable act of committing arson on someone else's living flesh as an "idiotic prank". I think you'd think otherwise if it was your body or that of a family member.
john gordon (hawley pa)
Thank you Dashka for a remarkable job of reporting on a very difficult case. Your ability to see and tell a complete story exploring all sides without judgment is refreshing. You made me feel empathy and compassion for everyone involved.
matsonjones (NYC)
I don't know what it is with all you people. 'Richard should instead do community service with LBGTQ people' - 'Richard should do community service with burn victims.' Etc. No, Richard should go to jail. For the full seven years. He lit a person on fire *hoping* that the fire wouldn't be too big and/or that the person would wake up and be able to stamp it out. There was no assurance of this - he just hoped that was what would happen. And when the person did catch on fire, he did nothing. THAT would have been the time to act. IN ADDITION - his parents should have ALSO to do mandatory one or two years of community service with LBGTQ community and/or burn victims while Richard is in jail. I'd like to see parents start to take responsibility for their kids. It might send a message to other parents. Not send parents to jail for their children's action, but community service. And if Jasmine (Richard's mother) is as 'religious' as she protests to be, she should have no problem doing assigned community charity based work, anyway.
Helen Wheels (Portland, OR)
Totally agree. "Deeply religious" can almost be synonymous with "homophobe."
Seth Nidever (Fresno CA)
What nobody has mentioned here is the despair (and tragedy) of someone having no idea what their gender is. The confusion/delusion that says "I am whatever I declare myself to be" is a denial of physical reality and as such is bound to create depression, confusion and alienation.
If you are male, the only way to get rid of testosterone is to castrate yourself and or take chemical treatments. If you are female, it's a similar story.
How have we arrived at such a pass, where teens are encouraged to create alternative realities that are a denial of the physical world and the reality of gender? This is "progress"? Psychosis that swallows the Kool-Aid, more likely.
Regan DuCasse (Studio City, CA)
You're kidding, right? Gender isn't a crime. Neither is how it's expressed in one's clothing.
Sasha, obviously is not only a VERY smart young person, but a HARMLESS young person.
Richard on the other hand, is a person capable of serious and irreversible violence. Using one of the cruelest weapons one can against an innocent human being.
That how one is dressed can provoke such violence in someone, make Richard the reprobate in this, not Sasha.
Sasha is attending MIT.
And will go on to make contribution, whether wearing a skirt or not.
Richard, not likely. Regardless what HE thinks of as what constitutes manhood.
Tom Leykis Fan (DC)
As I said in a previous post, parents allowing and almost encouraging young children to challenge gender norms is incredibly reckless, dangerous and negligent.
edmass (Fall River MA)
A beautiful story that ends with hope emerging from adolescent folly and social negligence. How much harm has to result from our refusal to treat adolescents as pre-adults instead of indulging and excusing their every whim before we once again take adult responsibility for our culture? And how typical that the only really evil and dishonest actor in the drama is a public prosecutor.
Dan Weber (Anchorage, Alaska)
The root of this problem is the adversarial process used to find a disposition. The DA knows perfectly well this wasn't what most people understand by a hate crime. But she also knows that charges are useful bargaining chips in browbeating a defendant into evading a trial.

This is why waiver to adult status is so devastating to minors in these cases. The juvenile system is, at least in theory, non-adversarial, private, and focused on rehabilitation. The adult system is adversarial, public, and focused on egos. The defendant is little more than a pawn on a chessboard.

And, by the way, Du Bois should have anticipated that last-minute switch. Old, old prosecution trick.
Tom Leykis Fan (DC)
Du Bois despite the 40 years is still a public defender.
Peter Godtree (San Francisco)
Richards behavior throughoput the whole ordeal is demontrative of a culprit who was both hateful in his repeated efforts to ignite the skirt, and unremorseful in his depraved indifference to the ensuing fire he created when he left Sasha engulfed in flames on the bus, his attempted deception when first questioned about what happened, and his arrogant recrimination against Sasha as though Sasha were to blame for what happened.
Rose (Seattle)
The repeated attempts show a level of premeditation. It seems he wanted Sasha to catch on fire. Otherwise, why keep trying?
yorkyfan (virginia)
I think it was a fair sentence given the amount of pain Sasha suffered and the fact that Richard constitutes a very real danger to his community. He had a loving mother who provided a stable home. Yet he got involved in a fight that sent him to a group home for several years. He had the benefit of participating in a summer job-training program and he was able to attend Oakland High, a school where kids can do very well. He had the support of a caring attendance officer. Yet he chose to cut school and , under the influence of an older relative, commit a very brutal crime. As much as it saddens me to say this, I think Richard, when he leaves prison, will continue on a path of violence.
naif (Cambridge, MA)
Hey yorkyfan...you think? (It saddens me to think you're right - this felon released among decent people, which he has no evident true aspirations or capability to be, will be a wretched anathema to society, with no possibility of heartfelt remorse or redemption.
reader (North America)
At 16, Richard Thomas clearly knew that setting a person on fire could lead to serious injury or death. He and his friends also clearly targeted Sasha Fleischman because of their discomfort with xe's gender presentation. Sasha was asleep, not threatening or bothering the boys in any way. In addition, Richard's act could have resulted in the fire spreading to other passengers or even igniting the bus itself. Furthermore, once the victim was on fire and in distress, Richard's concern was to escape, rather than to help Sasha in any way. It is indeed sad that a young man made this violent, totally unprovoked choice. But the action as described here is far from a "prank," and deserves serious consequences.
ambAZ (phoenix)
I have a simple question for all of us to ponder:

Would it make any difference about how we felt about this case, concerning a just punishment or not, if the actions were exactly the same but the gender/race/ethnicity/nationality/socio-economic status of the victim and the defendent were changed?
Basho249 (Minneapolis)
I do wonder this myself.
SLR (ny)
One can take issue with many aspects of Arthur Miller's definition of tragedy but in this case I think tragedy is an apt term. Sasha and Richard are not of noble birth, or kings but their story is as instructive as Macbeth, or Death of a Salesman. Actions which seem so inconsequential out of context, the flick of a finger on a wheel, cause untold pain and suffering when a lighter and clothing are added to the story. Actions, unlike thoughts have consequences we often cannot control. Once the fuse was lit there was little that could be done to keep the circumstances from devouring both these young people and their families.

exeunt dramatis personae
JAK (Cornwall, NY)
How many of us who were once adolescents never acted thoughtlessly, impulsively, and without the slightest thought of consequence? The snowball I threw that went through the drivers window could have caused a fatal accident. The ball I dropped from an over pass, ditto. The stuff my friends and I put on railroad tracks (to see how flat they would get) might have derailed a train. Innocent pranks? I was caught in the snowball incident and got a good tongue lashing, but no one asked about my upbringing. I was lucky as were my friends--white, middleclass sons of professionals all. Some of us might have harassed or pranked a homosexual student (if we knew one). All in 'innocent' fun. We were 15 or 16 then with plenty of smarts but little judgment and undeveloped prefrontal lobes. Would we have been held responsible if our pranks had gone bad? You bet. Our luck, a different time, a different place is all that separates us from Richard. The largesse of Sasha's family and Richard's family's dashed hopes beggars the system's claim to seek justice.
Fred (NY)
I see your point on some level. I really do. On the other hand, I some how doubt that setting someone on fire (3 tries until success) is really a "prank". It's a heinous assault. Am I appalled and saddened regarding what Richard has endured in his short life? Yes. But to write off his crime out of an eagerness to assuage progressive (white) guilt seems wrong-headed to me.
N (Michigan)
When I was driving on the freeway in Detroit one day in the 1870's some kids on a freeway overpass threw a rock at my car. I braked hard, and still remember what the rock looked like floating at me through the air. It was maybe 3-4 inches. I slowed down enough that the rock hit the hood first then bounced and made a big crack in the windshield, drivers side. No one was surprised; it was happening so often that link fencing was installed on the walkways.

I have no doubt that the kids were intending to cause a crash. I don't think it was "innocent fun." Had anyone caught them I would no way have been "forgiving." I raised three boys and never made allowances for undeveloped prefrontal lobes. I am wondering what kind of a parent you are or were. My gosh.
Todd B (Colorado)
I'm not sure how your failed "pranks"; which were quite dangerous, are analogous to Richard's actions. Had your snowball caused physical harm or distress I would hope that you were punished to the fullest extent of the law. It's dangerous to romanticize our childhood and use that sense of romance as a pass for childhood stupidity. Richard caused real harm to another person and his actions deserve punishment. I think he is right where he should be.
Michael O'Neill (Bandon, Oregon)
Richard was a child at the time of the event. Without a fully formed intent to actually cause physical injury and without the expected adult capacity to consider unintended consequences. So, yes he committed a crime and should face an appropriate level of response from society.

O'Malley is in her 40s. Her actions will remove the possibility of full rehabilitation. What could be her excuse for disregarding the potential unintended consequences?

What would we have seen from the DA if the perprtrator had been a 16 year old white girl?
Eric (New Jersey)
I wonder how you feel if it were your daughter.
Regan DuCasse (Studio City, CA)
Richard was NOT a 'child'. Richard, was a COGNIZANT youngster who was developed ENOUGH to know he'd seriously hurt another person.
A person who wasn't threatening or confronting him. But sleeping and minding their own business.
Being sentenced to five years, out at age 21. IS barely an appropriate sentence, actually. And that's only because Sasha lived without being permanently disabled or dead.
Deliberately and DETERMINEDLY setting someone on fire, and then running instead of rendering aid, is a terrible way to injure someone. It demonstrates a monstrous nature that may never be redeemed.
We were all 16 once upon a time. Did YOU ever think that setting someone on fire would be a fun thing to do?
jaybaba (santa fe, nm)
reading this article makes my heart hurt. what richard did to sasha was so wrong. but his punishment is also so wrong. every system has been stacked against him. no child in the USA should be living in such conditions. not one.
what an interesting intersection of gender questioning and poor black boys. my prayers go to both, and my compassion and love especially to richard.
Karen Mangold (New Jersey)
This is one of the most moving pieces I have read within the NYT. Here are two kids, worlds apart, both part of groups that are marginalized by society, and both victims of violence within their respective worlds. Richard's actions cannot be condoned, but to make an example of him, when he had previously tried to break the cycle of learned helplessness that so many other young black males get pulled into, is not going to do anything to make him beat the odds. His life is already marked because of this. Yes, he does deserve to receive some punishment for this crime, but to continue the sentence when even the victim and his family disagree with its harshness? It makes one question the agenda of the attorneys involved in this case. If they want to add another statistic to those boys who fail to break the cycle, they have just done a stellar job at making that a possibility for Richard, and that is a real shame. I pray that the families find peace, and that both kids are able to overcome all of this.
Rose (Seattle)
I fail to understand how setting someone on fire is an example of "learned helplessness."
Chris (Mexico)
As once a sometimes gender non-conforming 16 year-old myself who was repeatedly physically attacked for my appearance and manners I am, of course, very sympathetic with Sascha's suffering. The perversity of this case, however, is that greater injustice is the one being inflicted on his assailant. There are apparently worse things than being set on fire while you are asleep. And they are routinely inflicted on young black men by a criminal justice system that views them as hamburger.

Sascha is no doubt traumatized. But he is being well cared for and will presumably go on to have the richly fulfilling life for which he has been prepared. The full damage to be done to Richard's life has only just begun.

What does it mean to try a child as an adult? It is an Orwellian absurdity that in our vindictiveness we have come to accept as normal. If a child can be tried as an adult can a poor black child be tried as a rich white adult? Precisely what kind of adult was Richard tried as? Was he tried as a financier like Jeffrey Epstein who pimped underage girls to his powerful friends? Was he tried like the elected officials who lied us into a war but who will never sit in a defendant's chair? Does anybody honestly think that if Richard were a white prep school student that he would be looking at 7 years in prison for this? He'd be in therapy and doing community service and we all know it.
Rose (Seattle)
I fail to see how the "greater injustice is the one being inflicted on his assailant"?

If you set another human being on FIRE, it hardly seems an injustice to go to prison.

I would hope that if Richard were a white prep school boy, he'd be serving time too. People who set other people on fire are violent offenders and potential murderers.
JCricket (California)
Amen.
Lawrence (Washington D.C.)
If Richard had been a white prep school kid who had set an agender person of color on fire the readers of this by and large would have demanded that he be burned at the stake.

See the Duke Lacrosse case. http://en.wikipedia.org/wiki/Duke_lacrosse_case
Jackie (Missouri)
This is what I don't understand. Women are judged based on their attire all the time. Therefore, conscientious mothers warn their daughters not to wear plunging necklines, skirts up to here, and too much makeup because of "what might happen." And yet, if a young man decides to wear a skirt or dress in women's attire, we're all supposed to respect and accept this as his creative choice and we are shocked when he's assaulted or, in this case, his skirt is set on fire.

Yes, it is wrong to assault someone just because of their attire, whether they are a provocatively-dressed woman or a man in a dress. But how about using some common sense to go with that freedom of expression? In other words, if you don't want the bull to charge you, don't wave a red cape in front of his face.
ltglahn (NYC)
It's interesting to see someone stand up for rapists (in the case of women) and and would-be murderers (in this case) by blaming the victim for how they choose to dress.

Most of us are fortunate in not having to consider the actions of maniacs and criminals as we go about our daily lives--it seems strange to judge victims through the eyes and values of their attackers for living the kind of life most of us enjoy without thinking about it. Particularly easy (and cruel) in hindsight.
Lawrence (Washington D.C.)
Yes, those loose women, and agender persons, are just getting what they asked for?
Who hasn't had a daughter dressed one way to leave the home, and returns dressed another way.
Yeah, just asking for it.
Todd Fox (Earth)
Um yes. If a young man chooses to wear a skirt, yes, we're supposed to accept it.
Emerald Gnesh (The Golden State)
Some of the comments here are really troubling. This person tried to set a human being on fire. He absolutely should have been tried as an adult. His sentence is just. Countless people come from disadvantaged backgrounds but do not commit such horrific crimes.
Molly (WA state)
How very sad. Poverty ultimately is the problem that we refuse to face. Brave and loving parents on both sides.
Rose (Seattle)
Poverty does not make normal teens set other teens on fire because they don't like the way they dress. This is an insult to many millions of families that grow up below the poverty line.
muezzin (Vernal, UT)
"He’s now thrown to the wolves,”

Sorry, but as much as I admire the Fleischmann's compassion and generosity towards their victimizer, I just cannot find it in myself. And if he had assaulted my child ...

What I find interesting is the juxtaposition to Ferguson, where the entire African-American population mobilized to protest the perceived hate crime. Where are these people now? What are *they* doing to challenge the mindless violence spilling out of the 'hoods'?
Ricardoh (Walnut Creek Ca)
These two boys will heal but the four innocent people killed so far this year in Oakland in crossfire by thugs with their hands up have no hope.
R K S (Hayward, CA)
I do not feel sorry for Richard at all. Instead of making his life better, he made it worse. Sasha didn't do anything to him. 16 year olds do not go around burning people for fun. In life we learn lessons the easy way or the hard way. Richard chose the hard way.
Richardthe Engineer (NYC)
The ploice know very well "unbalanced" people are their worst nightmares. Putting someone like Richard into a penal institution is not a solution for a very real problem.
Whether it is a lighter or a gun, a weapon in their hands is really a weapon that ends up hurting people. Many people like Richard also know and have experienced that being physically big and not afraid to bully others is also a weapon.
Prision is too expensive to solve a problem that cannot be solved with incarceration. With increased population the number of violent "unbalanced" people starts to create too much violence for a society to tolerate.
Our society doesn't like means of prevention, mostly punishment after the fact. To come up with useful prevention means a societal attitude has to change. Neighborhood policing is just one of the needed solutions.
Darrell (Los Angeles)
5% of the world's population and 25% of the world's prisoners. Trying adolescents as adults is usually misguided, expensive, ineffective and a waste of human potential. It is, however, easy to do when you devalue the lives of children, particularly certain types or classes of children, who do ridiculously stupid and sometimes violent things,

Richard definitely needed to face consequences for his stunningly ignorant and violent attack, but I believe the sentence is also ignorant and violent. We also ignore the reality that had this same stupid act been committed by a child of privilege, that child would have been out on bail in a number of days,and moved by their parents to a residential treatment while they awaited a trial that would never come, until a more favorable deal could be worked out and the parents made a significant payment to the victim and his family. We have multiple tiers of justice in this country. One rule for the rich and connected, a second for the middle classes, and the gulag for the poor and disenfranchised.
sr (santa fe)
It's so very true there are tiers of "justice". I refer readers to the story in the NY Daily News, Dec 11, 2013 about 16-year old Ethan Couch (rich, white) who killed four people while driving drunk and walked away with probation. Remember the "affluenza" defense?
wblue (Seattle)
My impression is there is dis-functional parenting on both sides. “Their” parents are indulging the fad of the culture to maintain separate sir names. They are working at “culturally soft” jobs, work that needs to be done, but not providing much status to their child.
I’d guess justifying this as a choice of their persons in a shared overlap of their personal values. But it appears their values discount societies joint concept.
Why should they expect, or would they care, that their child will have to chose a insular path to demonstrate respect and a love of them.
This requires extensive effort to to keep a common bond with the culture of the greater society one lives in. But when you have patterned your life for what ever reasons you and “they” will live with it.
Rose (Seattle)
I'm confused...Sasha's parents "dysfunctional" because they work at jobs that aren't providing sufficient "status" to their child? What does that even mean?

Parents who work and provide for their children should not be considered dysfunctional.
Basho249 (Minneapolis)
You are making no sense to me. I don't understand you.
ESS (St. Louis)
Honestly, I think most adults can't remember just how *dumb* some of us were at that age. Not all of us--but many of us.

I once deliberately drove my car into a snowbank because it looked fluffy and I wondered whether it would "feel" fluffy too. It's not like I stopped to think about it: I had the impulse, and I acted on it--it felt like a single continuous event. And it honestly never occurred to me that, "no, it won't feel fluffy, it's a wall of snow, you'll just hit it, hard, and you'll be stuck there until someone comes to dig you out." And it certainly never occurred to me that someone (most likely, I myself) might get hurt.

So, yes, I believe 100% that it literally didn't occur to Richard that lighting Sasha's skirt on fire would hurt them.

As for whether it was a "hate" crime specifically--I don't think the act necessarily had to do with gender. I imagine that if Sasha had been wearing a Mikey Mouse hat, for instance, Richard would have lit that on fire too. But that's an empirical question, and we'll never know the answer.
LEMMON 714 (NYC)
I dropped water filled garbage bags out of the window to hear the bang. We did check to make sure nobody was in the way but that nobody got killed is pure luck.
DuMaurier (Chicago)
Incredibly well-written piece with a lot to say about education and privilege. It's unfortunate that Richard didn't have access to the kind of concepts and support system that enabled Sasha to transcend their own surroundings. Best wishes to both of these sensitive young spirits.
Ignatius G. (California)
There is no attempt at restitution, only punishment that benefits no one.

It would make more sense to compel Richard to pay a large fraction of his income to Sasha for the next decade or two.

This would acknowledge that the act was a callous mistake, but would shift some of the consequences from the aggressor to the victim. Now, the victim gets nothing, society foots the bill, and a dumb kid is set to crime school.
dodo (canada)
“He just looks like a kid.”
So what? Kids commit murders every day, and they shouldn't be allowed to walk the streets when they do.
JeezLouise (Transcendence, Ethereal Plains)
"Sasha prefers “they,” “it” or the invented gender-neutral pronoun “xe.” The New York Times does not use these terms to refer to individuals."

So how about you start?
Clemencedane (New York)
Because it's absurd. Thank God the NYT doesn't fall for this.
LEMMON 714 (NYC)
The language already is referentially adequate.
Adam Gantz (Michigan)
I read about this incident when it happened, but I just wanted to take the time to commend the author, Ms. Slater, both for engaging in the lost art of real investigative journalism, and for then taking the results of her hard work in the investigation phase, and weaving it into the lost art of storytelling. This is why I pay for a Times' subscription.
TruthOverHarmony (CA)
Storytelling is one thing, but somehow I get the idea that the author strove to paint a fairly sympathetic portrait of Richard whether he deserved sympathy or not. The fact that Al Sharpton hasn't taken up Richard's cause (yet, that is) tells us that even he doesn't see any benefit in any bullying to try to turn the story around and make Richard into a victim. In some ways both Richard and "them" are both in a prison, though one of them will get out in a few years. Still would like to know why nothing appears to have happened to Richard's accomplish. It may be that Richard made him hand over the lighter against his better judgement. Just speculation, as much of this story comes down to.
Annie M. (Boston, MA)
Yes, agreed!!!!
Regan DuCasse (Studio City, CA)
I think Sharpton didn't get in on this, because he's shown exceptional sympathy and support for the LGT community. His sister is a lesbian.
And any crimes against a gay, or gender variant person would offend him. He would NOT defend Richard's actions on any level for that reason.
He doesn't always sail into a situation because a perp or victim is black.
You're welcome.
Jon (Florida)
It is quite sad that a young individual, Sasha, who was trying to make a powerful statement about social constructs, ended up being the catalyst, or rather the skirt was the catalyst, for a troubled young man to make a poor choice and up on the losing end of the construct of "criminal justice."

As I view it, gender is tied to an expression of self that is very much biologically underpinned. One manifestation of this is that women use makeup at a far higher rate than men, and the reasons for this are complicated and debatable, but likely have something to do with the idea that male sexuality contains strong visual triggers (whether the idea is correct is another matter). I think the fact that sexuality is an extremely strong biological impulse and its clear ties to gender make deviations from traditional gender roles a particularly provocative choice. This makes the hate crime issue all the more treacherous. It also makes the crime less surprising, though no less tragic and utterly wrong.

The interesting thing is that as society has become more tolerant in terms of race, gender, and stated religious belief, it has become less tolerant toward the violent. (Notice how criminals are romanticized in film and TV, however.) Now, the ostracized are the ex-felons. Richard may end up living his life labelled as part of the new most oppressed "outsider" group in the United States: former violent offenders.
jb (ok)
Without favoring particularly the harshness of the sentence, I don't see the skirt as the "catalyst" of the crime committed. If that's all it takes for a young man to set fire to another person's clothing, there would have been another "catalyst" at some point, some other nonconformist off guard, some person who caught the attention of these young men and paid the price.

Young males tend to engage in bullying, I have read, when they are in groups, and here, the presence of at least one other accomplice, egging on the bullying (for that is what it was, albeit by stealth) probably played a role worth considering. It is not out of line to be firmly against bullying; it seems to be quite common, and more so now, perhaps, than in the past. Nor is "intolerance toward violence" entirely a bad thing.

Seeing the nonconformity as causative, as you seem to do, is not the direction I would go, in that it leads too often to blaming of the victim for having "asked for it", one way or another. The blame for a cruel act lies upon the one who decides to commit it.
Val (Washington, DC)
VP
This kid is not the monster, not like Jamal. The kid pulled a prank and I believe he honestly thought the fire would be enough only to startle the victim. How many people, including adults, truly understand how combustible some clothing can be? The DA upping the time to seven years is disgusting. This kid doesn't have a chance. Look in the kid's eyes! He doesn't, or didn't, have the type of hate that goes with the crime. He made a horrible mistake. The justice system will fail if this boy is ever placed in adult incarceration. A lot went wrong for this kid and he was trying - this should be recognized. As for his act against the unisex person, it was a prank and not intended with the kind of hate that many adult crimes contain. It makes me sick to know this kid may go to prison when the 17 year old drunk in Texas got off clean after killing a family of four during a drunk spree and his defense was affluenza. This kid needs treatment and another chance.
Marty K. (Conn.)
If you are going to shove your sexual preference under people's nose you risk offending the wrong people.
Anna P. (Austin, TX)
How exactly does that apply to Sasha? There's no mention of Sasha's sexual "preference" in the article--by which I assume you mean sexual orientation--which does discuss gender identity.

But more to the point, I am always dismayed at the need to blame any victim who doesn't conform to society's norms, as you do here.
jb (ok)
If you are going to make other people's sexual preferences your business, you risk thinking yourself entitled to being offended, and thence perhaps to taking some "righteous" action that is in fact wrong and even criminal, as in this case. MYOB, Marty.
Todd Fox (Earth)
I was raped by a stranger who held a knife at my throat. Guess I shouldn't have been so obvious about my female heterosexuality. I can see where that might offend someone. Thanks for the tip.
Eric (Massachusetts)
Say we still allowed smoking on buses, and this amazing flash of fire was started inadvertently. OK skeptics let's say we KNOW it was an accident, because it was the beloved friend of the victim, he'd dozed off, his cigarette touched the material, all the terrible injuries happened. The point here is, this fire was a mix of hate and accident, yet the punishment appears to me to reflect the victim's suffering as if accident is ignored. Especially in the case of a young person who is likely to have purely "typical" experience with cloth (who among us knows some fabrics can explode into flame? I didn't. What are we thinking allowing such fabrics be used for clothing?) there should be proportionality brought to this case. Its a mix of hate and tragic accident. As it stands though, two young people are victims here, one burned by fire, the other by prosecutorial over-reach.
Rose (Seattle)
I'm not sure I see the "accident" part of this. Richard tried multiple times to light Sasha's skirt on fire.
Rick (Summit, NJ)
In New York, a 16 year old who did this would likely receive therapy and I bet a white, middle class child in the Bay Area would also receive treatment if he did this. That a long prison sentence for a child is considered appropriate reflects a fair amount of racism.
Todd Fox (Earth)
Seriously? What cases are you basing that on?
hepcat8 (jive5)
This gripping article took me back almost 75 years, when I was a teenager growing up in the Oakland foothills and attending a small private high school in Berkeley. There were no buses then, only streetcars, but my commute home took me past Oakland High School, just as Sasha's did. It doesn't seem to have changed much; it was a rough school then.
My journey back in time also caused me to remember the stupid things I did when I was sixteen. I was one of those follow-the-leader kids, and I always picked the worst ones to follow. So I can painfully identify with both Sasha and Richard. Sasha will probably be plagued by pain the rest of their life, but seven years is a long time for a teenager, My 2-1/2 years in the Navy, starting at age 17-1/2, seemed like an eternity.
My sympathies go out to both families.
WhaleRider (NorCal)
Although this is a very well written and compassionate article, IMO, the fact that Richard did not immediately try to extinguish Sasha's flaming skirt when the "prank" did not go as he allegedly thought it would, coupled with his lying to the police during the initial investigation, speaks to a lack of empathy and compassion for others on Richard's part, regardless of his age and despite his contrite letters to Sasha afterward. I'm sure this would have been brought out should the case have gone to trial.

Richard also could have asked Jamal for the lighter, we will never really know. We have only Richard's account.

The overriding question is: can compassion and empathy for others be taught in prison or is Richard really an untrustworthy sociopath who will do or say anything to escape punishment or responsibility for his actions? Contrary to what Richard may have believed, homophobia is not a viable defense for hate crime, whether he was misguided, immature, or not.

Actions speak louder than words.
Tim B (Seattle)
What a sad and terrifying experience for Sasha, perhaps a trust once extended to others will be understandably much less freely given. Those who committed this offense, including the ones who were egging on the young man to light the clothing, were likely reacting to the fear which many people have of the unknown, a deep seated fear of people who are perceived to be different.

It reminds me of the unique and beautiful story in the movie Powder, where a young albino man is persecuted and deeply feared, even though he was a gentle and compassionate person who wished no harm to anyone.
bd (San Diego)
I don't understand ... these thugs feared the unknown snd so in response they set Sarah on fire!?
K Henderson (NYC)

Richard Thomas at 16 lit someone on fire for entertainment and he didnt stop trying until the clothing ignited.

If you look that hard enough for trouble every day, you will find it.
Meadows (NYNY)
Robert should be in jail, no matter his age, personal circumstances or race. He had plenty of opportunity to think about the wrong being committed. He lit the lighter a fourth time.
D. (SF, CA)
I haven't seen anyone suggest he shouldn't go to jail. The questions seem to be about which jail, and for how long. Have you got no concerns, like so many have, of him only being made into something worse?
Meadows (NYNY)
I wish that Robert could emerge from his sentence with a new sense of the world and a spirit of openness and genrosity towards all people no matter their differences. I'm just not feeling very optimistic about Robert's possible rehabilitation, even redemption, through the state juvenile or adult correctional facilities. He is more a candidate, as someone else wrote, for gang induction no matter how he serves his sentence. Robert truly is the poster child for a sick, twisted, bored, malnourished, ignorant and angry society. I accept that we made him this way and he is a victim of his circumstances. WE all set Sasha on fire with our collective ignorance and hatred.
Jothindra (Mysore,India)
I thought the story would end up with Sasha withdrawing the charges leading to release of the accused from the prison. Number of such cases are impulsive. Such cases could be considered in a different way.

Here, in India, the transgenders have a love/hate relationship with the society. Hate, because they go in gangs extracting money from businessmen,people in public places. On the other hand, they are considered auspicious during weddings, child birth etc. Are rewarded when they appear in the vicinity during such occasions. Recently in almost all applications, there is a new choice for the sex column;' Other'
Why, there are instances of many getting elected to prominent posts in general elections!
Mr. Pants (Great Neck, NY)
Here in the United States, the victim of a crime ("complaining witness") does not have the authority to withdraw a criminal complaint. The decisions involving prosecution rest solely with the prosecutor. In general terms, prosecutors communicate with victims and those wishes are one of the factors considered when extending a plea offer.
JHR (west of the Mississippi...)
In the US it is not up to the victim to make charges in a criminal proceeding, or to withdraw charges - that is up to the district attorney. Sasha could have asked for leniency in sentencing, but that isn't up to the victim, either.
Ms. (Baltimore)
In the US, Sasha cannot withdraw the charges. This was a criminal case, and California charged the young man. Sasha had no power to drop the charges.
java tude (upstate NJ)
I think more could be accomplished with community service. Whether they realize or not, the Fleischman family has forgiven Richard. Thank God Sasha seems to be on the way to recovery, at least physically. Richard's act was that of a very impetuous, immature, dumb teenager who had no moral compass, and forgive me for sounding like a liberal, no father figure in the picture. Imagine if rather than time in jail, Richard was required to speak to high schools and middle schools about tolerance, forgiveness, forethought, diversity. Rather than an ex con, you could turn him into a leader. What dividends society would reap. And I think in the long run, this would better benefit Sasha.
Jason (GA)
The only reason this story appears in the New York Times Magazine is because the victim happens to be a young man who believes that the modern notion of "gender" enables him to distort reality to suit his own creative impulses. Had the victim been an otherwise ordinary but still innocent teenager, this story wouldn't have moved beyond the local news. In short, this is a lengthy advertisement not a substantive exposé.

What Richard did to Luke ("Sasha") is wrong — not because Luke is especially inclined toward fantasies, but because he shares with his fellow citizens the same right not to be unjustifiably assaulted. That is as far as the argument against Richard's actions ought to go. To press the matter further by insisting that we use this unfortunate incident to praise or celebrate the fantasies in which Luke indulges is to tilt toward another extreme nearly as disturbing as the one that would encourage us to turn a blind eye to violent, unprovoked assaults.

Such assaults are reprehensible, but their occurrence does not obligate us to entertain or promote extreme departures from reality. Modern liberal society may permit Luke to indulge his whims, but that same liberty also permits those of us anchored to reason to call Luke "Luke" and to refer to him using masculine pronouns, without committing any injustice in doing so.
Josh Hill (New London)
And yet if you look at other societies, you will find transgender people in them, and typically soclal recognition of the category -- the hijra of India, the "ladyboys" of Thailand, etc., etc. And study after study has found that human gender lines are not as distinct as our society has long pretended. So while I agree that there's a certain amount of nonsense here -- do we really need a new set of pronouns for every kid with gender dysphoria? -- I would submit that it is society that is being unrealistic here, with its attempt to squeeze boys and girls into binary sexual and gender categories in which we don't all fit.
Mike M. (Chapel Hill, NC)
What is your point? Why, of all the things you could argue about, is this a battle you choose to fight? Why not just live and let live and save your righteous anger for a cause worth fighting for? Is this person harming you?
Mari (Vancouver)
Jason, what's really unfortunate is that you can't show the compassion and empathy to Sasha that Sasha gave Richard.

Your response to the "lengthy advertisement" (what now?) only shows how far we have to go as a society in understanding, feeling compassion and empathy hopefully, in the end, love towards the LGBTQ community which clearly has more to each us than us them.
Sal (New Orleans, LA)
The article notes that part of Sasha's white flowing skirt was on the back of the seat. In no way were the two foolish boys behind Sasha deciding to set a person on fire. They maliciously wanted to scorch the fabric and didn't seem to think about the possible offense to the wearer. Three attempts were very tentative given the composition of the fabric (later proved highly flammable). The stupid prank for their eyes only resulted in horrible harm to Sasha and destruction of Richard. Restorative justice is warranted, not hard time, life-long employment obstacles, and likely experiencing real brutality while locked up.
W84me (Armonk, NY)
consequences. one must consider the CONSEQUENCES when pulling a PRANK They did not, and the /almost/worst possible outcome was the result -- that of 3rd degree burns. The worst would have been death.

Richard's extra two years seems gratuitous, but the five year sentence was certainly on par.
AnnaB (Maplewood NJ)
I don't think it takes much imagination to see that a person is connected to his or her clothing. Put it this way: if Richard's shoelace or jacket extended beyond his seat, would it be okay to burn it? To have an open flame on a bus?
kaw (California)
Richard is no longer "terrified" at his court appearances; his eyes are just "wary." He's becoming used to being a part of the criminal justice system and that may be the scariest part of the story.
Josh Hill (New London)
Yes, what's happening to him is ugly and society will likely reap the consequences.
Bill Randle (The Big A)
Why didn't Richard's attorney interview Jamal and make a case that Jamal instigated that attack as a mitigating factor? Was evidence submitted to the judge or prosecutor showing that Richard was one of several boys involved in the planning and execution of the attack.

No doubt Richard deserves to be punished but it seems to me that there are extenuating factors that might have had an impact on the outcome, and it would be nice to hear from Ms. Slater the extent to which any of that was discovered to the prosecution.
The Artist FKA Bakes (Philadelphia, PA)
Interviewing Jamal would not have mitigated Richard's participation in the crime, unfortuantely that's not how the law works. If anything it would have brought Jamal in as an accessory/co-conspirator.

I understand the need to take a hard stance, but the groupthink that exist within the DA's office is precisely why I had to leave. There is a certain detachment from the communities they serve and an adherence to a romanticized notion of "pursuing" justice. Except in reality they pursue convictions, many of which have nothibng to do with "justice," whatever the interpretation of that notion.
Mark Shyres (Laguna Beach, CA)
If some idiot sets you on fire, then you can talk about extenuating factors.
Mr. Pants (Great Neck, NY)
None of the actions of the other youths exculpate Richard. He committed the acts and admitted same. The video further corroborates the events. There is nothing to "discover."
scratchbaker (AZ unfortunately)
Two wrongs do not make a right. The original plea bargain protected Richard from the atmosphere and hazards of an adult penitentiary. Richard sought help and took advantage of support people in his life but that was not enough to keep him from this crime. Now his supporters are powerless as a severe punishment is arbitrarily applied to the detriment of another black defendant. How many peoples' lives have to be ruined before our society takes responsibility for its own failures?
matsonjones (NYC)
"...Arbitrarily applied..."?!? Oh, you mean like "arbitrarily" setting another human being on fire? How is this "society's...responsibility"? What about Richard's responsibility? Jasmine's responsibility? The failure here is *NOT* societal. It is personal and parental.
Dianne Jackson (Falls Church, VA)
Really, our justice system no longer even pretends to be about rehabilitation. It's now strictly about punishment- as punitive as we can make it- no matter the circumstances, the age of the perpetrator, or the cost to society. Something must be done about too-powerful, out-of-control, careerist prosecutors.
Mark Shyres (Laguna Beach, CA)
Punishment has two purposes. To punish those found guilty, and to discourage those who might commit similar crimes. The sad fact is that some crimes are simply unforgivable and some people are beyond redemption, forgiveness and incapable of rehabilitation.
Elizabeth Renant (New Mexico)
As opposed to doing something about leaving unsocialized youth on buses to set sleeping passengers on fire? Please. Punishment is PART of rehabilitation. You do something like that, you are owed some punishment.
am (boston)
Yes, as a paralegal I have seen countless grown, connected, educated men commit hazardous, negligent actions to be questioned and freed. Wihin minutes, the same judge sends another man, younger (19), not connected, from unwealthy family & single mom, off and away for 2 1/2 years. Crime? for picking up a wallett found on a sidewalk, and spending contents on soda and junk at 7/11.
Erin (California)
This is an incredibly tragic story written with heartbreaking detail, and emotional thoroughness- a rare and much appreciated quality in journalism today. This author does nice work raising awareness for dear young Sasha, Richard, and their deep reaching, loving parents. I am sending my best hopes for you all.
Bernie (USVI)
Male DNA= boy
Female DNA =girl

Until we stop telling people they can choose their DNA, it's only going to lead to more confusion.
Telling the truth with love can be painful in the short term, but helpful in the long run.
Human (Planet Earth)
DNA tells you only the biological part of the answer, and even that is sometimes ambiguous.

DNA does not tell you about emotions.

Does it hurt you in any way to let people identify themselves however they wish?
Josh Hill (New London)
You are making some seriously erroneous assumptions here.

For one thing, how do you know that Sasha's DNA does not code for gender dysphoria? Not all of the sex genes are on the x and y chromosome.

Second of all, how do you know that gender identity is determined only by DNA?

The scientific evidence that we have, while still incomplete, suggests that yours is a very naive view.
Lucy (Portland)
Why do you feel entitled to dictate to total strangers (or, indeed, to anyone) how they are allowed to live their lives? Neither Sasha nor anyone else on this earth require your blessing, or even your permission, to name and identify themselves as they see fit.
Andrew (San Francisco)
I'm surprised at the criticism of the DA and the general leniency many would apparently grant to Mr. Thomas. He set a kid on fire. He's incredibly lucky to only do five years incarceration for that. At least during that five years he won't be able to set any more kids on fire.
Idlewild (Queens)
Prison is filled with opportunities for violent offenders to set other people on fire, or otherwise abuse, molest, torture and rape them. I'm not talking about Richard Thomas doing that; I'm talking about others doing that to him. Thomas needs to spend some time behind bars somewhere, with rehabilitation in mind, but teenagers should not be tried and punished as adults.
Peter (New Haven)
But the question is whether you really believe that he will set any other kids on fire during those five years? Or ten years, if that is what you think he deserves? Or is it life in prison that he should get? There is a reason that kids should be charged as juveniles -- because they are kids and their brains are half-baked. Far better to finish the baking in a restorative and potentially more nurturing environment than in the hell that is an adult prison. Shame on the DA for the abuse of discretion in charging this kid as an adult. It isn't condoning the crime to apply juvenile rules to juvenile offenders.
Henry (Woodstock, NY)
It is true that Mr. Thomas will not be able to set anybody on fire during the years he is in prison. But, Mr. Thomas will also be getting the best criminal education available anywhere in the world at our expense. He will also be routinely raped and abused. Most likely, he will also become addicted to drugs.

When he gets out, he will may have 40 or 50 years of life left to be what ever person those years have made him. It is pretty certain ever getting hired is out of the question. So we will be supporting him on welfare and healthcare and probably more jail time.

It doesn't sound like this is the outcome the parents want and it isn't an outcome that makes sense for society. Our system of harsh judgement and retribution doesn't work. If it did, perhaps we would be applying it more equally to people with white skins.

Some other countries have been exploring new approaches to criminal justice. They are more concerned with outcomes than vengeance. Since the U.S. has more people that will be leaving prison than any other country in the world, we might have something to gain.

"Insanity: doing the same thing over and over again expecting different results." A. Einstein
Simon (Tampa)
I wish Sacha well. The injuries to Sacha's legs will be painful for a long time, effecting Sacha's quality of life.

I do not share the sympathetic view of Richard as other commentators do. While I do not think that children's lives should be ruined because they have poor impulse control due to having not fully developed brains, I do not believe that Richard made a mistake or even acted impulsively. He tried to set Sacha on fire three times before succeeding. I believe he told the police officers the truth, he is homophobic and I bet that is comes from his home life despite his family trying to claim otherwise. If Richard had not attacked Sacha, he would have eventually attacked another LBGT person. I hope that he receives treatment, gets an education, does not suffer abuse in the juvenile facility, and never goes to an adult prison because he will rejoin society one day soon. I hope he eventually becomes a productive adult.

That Richard's friend, Jamal escaped anytime punishment reflects poorly on Richard Moore and for this and his decision to increase Richard's sentence to seven years, he should be reprimanded.
KFC (Chicago)
Despite Richard's statements to the police that he is homophobic, "everyone who knows him" states that he is not. It's no surprise to me that a 16 year old teenage boy is put off by a guy in a skirt. There's no reason to believe that he would have done what he did to Sasha if someone else (who was never even interviewed- wth?) hadn't essentially started it and there's REALLY no reason to believe he would have eventually attacked another LBGT person. This kid is guilty of, as he himself put it "being stupid." Read the letters he wrote to Sasha. No hate there, only regret.
Human (Planet Earth)
No juvenile should be tried as an adult. No prosecutor should have discretion to change that.

No juvenile should ever be questioned by the police without a parent or an attorney present.

Thomas committed a terrible crime, but he was a juvenile with an immature brain. Was it truly a hate crime or was he simply baited, as the child he was, to repeat homophobic attitudes he was fed by many around him? We will never know for sure now.

Wishing healing for both of these youngsters and their families.
James (California)
The "help" that Richard needed was needed well before he set Sasha on fire. Both he and society would have benefited by confining him to a facility of re-education much earlier, effectively separating him from the influences of gang members, criminal elements and events that befall young African American men growing up in parts of Oakland. There he could have learned empathy, understanding, the importance of putting himself in other people's shoes; all lessons he apparently had not learned by age 16 with his own family and friends. Our society doesn't believe government money should go to education, social welfare programs for the young or poor. So this persona was forged on the violent streets of Oakland, and Sasha most of all has to live with the unconcionable decision that was only Richard's to make, but is an almost inevitable consequence of his family's priorities, and our society's priorities. We as a society are long past the opportunity to get Richard help--or to help ourselves from the consequences of his upbringing--and so now we will just punish. And when he gets out, with whatever personality and priorities he has, we will all live with the consequences of that too. Hopefully they won't include other innocent people being burned.
Human (Planet Earth)
Do you really think that a "facility of re-education" would remove anyone from gang members? Au contraire!
Kilroy (Jersey City NJ)
More than being a lamentable personal story, it's also an economic story, a twenty-first century U.S. variation on Dickens.

The one percent don't ride buses. Their control over who is in their immediate vicinity is greater than the average person's by many factors.

The absence of constant low-level apprehensiveness while in public, of fear from attack by stranger, and the concomitant reduction in stress from being cosseted in gated communities and private transportation, is their real prize.
B. (Brooklyn)
"The one percent don't ride buses."

On the contrary, many well-heeled New Yorkers ride buses. Elderly ladies and gentlemen of means board buses all over Manhattan. They carry shopping bags from Brooks and Saks and from Agata's. Or just their fine purses or wallets.

They mix with people who might very well set them on fire, but our schizophrenics and anti-social types usually are more obvious looking. (Whatever that means.) New Yorkers tend to know whom to be wary of.

As for young Richard, trying to set fire to someone's skirt -- actually making the attempt three times -- suggests a certain amount of determination, not impulsivity; not to mention a deep moronic streak. Sorry. Those of us who ride public transportation (although not, alas, in the 1 percent) know that what mothers might call "good boys" can be, in fact, pretty willfully vicious.

Nice that his victim's family forgives him. It is hard not to feel sorry for an idiot.

As for seeing everyone around him being killed: Far too many other young people -- young black people -- have the same experiences but rise above them, for me to feel too sorry for this strange character.
.
John Galt (Denver, CO)
Of course, at some point this had to be about privilege. Really? What on earth in this story has to do with Sasha's lack of privilege. It (using the pronoun it chose) was going to a private school distant from its own house...sounds pretty privileged to me.
Matt (NJ)
Kilroy, I guess you've never ventured across the East River to Manhattan. The 1% (around $350K+ in personal income) ride the buses and subways all the time.

Sometimes a story isn't about your personal grudges, and this one definitely isn't.
Air Marshal of Bloviana (Over the Fruited Plain)
So Sasha has now discovered that Oakland is the wrong place for pretending to be in San Francisco. On Alameda County public transportation, assaulting others is in violation of the "Basic Rules of Riding", threatening conduct is a subsumed issue under "Etiquette".
Nobody (Somehwere)
Yeah did you see what they were wearing? Totally asking for it.
Jen (Chicago)
The only thing that really makes me mad about this story is that Jamal wasn't charged! Jamal needs to be charged.
Dan Stackhouse (NYC)
Dear Jen,
Not necessarily. Suppose Richard said, "can I borrow your lighter", and Jamal said, "sure, here ya go", and handed it to him. There's no way that this action would be a crime. And no proof, unfortunately, that Jamal severely pressured Richard into his attack.
Ms. Zxy Atiywariii (displaced New Yorker)
I agree, Jen -- Jamal should have been charged. It doesn't matter that we can't hear what was said; the one we see howling with laughter is likely the one who instigated the attack.
Polite New Yorker (New York,NY)
A 16-year-old knows that setting someone on fire is wrong and can have horrible consequences. Calling such savagery "tragic" is only patronizing to the offender and his family and insulting to people of poor means who have not lost their moral compass. If a person does not know right from wrong, that person cannot live free in a civilized society. At the same time we need to temper our respect for individuality with a grounding in common sense and stop promoting the emasculation of boys and men. We are shoveling victims into the furnace of an increasingly unhinged world. Creating new pronouns for every self-anointed gender is a sign of a decadent and doomed society.
Colin McDearman (Greensboro, NC)
Mmmhmm. And how, exactly, do others that choose their own gender identity affect you?
KV (NJ)
"Sasha’s voice is high and terrified. “I’m on fire! I’m on fire!” The flaming skirt looks unearthly, impossible. At first, Jamal howls with laughter, then, as Sasha careers toward him, he cringes and climbs onto his seat."

These lines brought tears to my eyes. Sasha - I wish you peace and happiness in your life. Richard, Jamal, and Lloyd - you owe it to Sasha and yourselves to demonstrate kindness to everyone for the rest of your lives.
Mark Shyres (Laguna Beach, CA)
Richard and Jamal seem well beyond the capacity for kindness. As for the rest of their lives...?
L. Matson (Berkeley, CA)
Do not. Incarcerate. Children. Punitive justice is never effective, but to engage in punitive rather than restorative justice with a child has got me trembling with anger. Prison in this country doesn't even bother with the pretense of rehabilitation; boys in this country are damaged from the start, any sign of gender variance or rebellion so terrifying and threatening that dehumanization is almost immediate. It takes therapy, discussion, and education to correct that, not imprisonment in an environment even more toxic to black boys than the US at large. I'm not worried about Sasha's - they're amazing, reflective, intelligent, calm, class- and race-privileged, and they have a bright future at MIT. I am mourning for Richard, whose already limited chance for such a future have disappeared. The world is not safer for Sasha with this verdict; it just creates more anger and pain.
A Reader (Detroit, MI)
Do not. Set. People. On. Fire.

And do not insult my intelligence by intimating that being poor, male, and of color is reason enough to get a pass on such a heinous act.
Karen Mangold (New Jersey)
Very well put. Thank you.
Mark Shyres (Laguna Beach, CA)
Punitive justice is effective in taking dangerous people .no matter what the age. off the streets, or , in this case, the bus.

But for crimes like this, there is no justice.
paula (<br/>)
I choose to disagree with the commenters here who believe Richard will be "lost," because of this. I believe his sentence is unjust, but I'd like to see some good people step forward and make sure to track him in the system. Follow his progress, visit, make a job available to him when he leaves prison. Let's make it possible for all of us to learn from this story by telling it and retelling it again. There are some magnificent human beings here -- including Sasha and their family. Richard, we are pulling for you.
The Artist FKA Bakes (Philadelphia, PA)
Well said Paula. And Sasha... we are pulling for Sasha as well.
Justin (NYS)
I wholeheartedly agree with you. Don't get me wrong, what the kid did was harsh, but unless after he lit Sasha's skirt he just sat there laughing, he couldn't have imagined she'd just abruptly go up in flames. The kid made a mistake, and given his background, he's made others, and will make more. It seems ridiculous to cast him to the wolves in juvy and slap his record with felonies. Down the line, he's bound to be even worse off.
CAP (New York)
You're kidding yourself if you believe someone will follow Richard's progress and assist in his rehabilitation. That is simply not part of our penal system. Richard will be precluded from most jobs upon his release because of his criminal record. He will be barred from most public housing because of that record. Treating him as an adult and demanding that he spend time in adult prison serves no purpose other than a retributive one and that does not serve society. Still, I too am pulling for Richard because we are all better off if he succeeds.
JD Benson (Brewster, MA)
It is my sincere hope that Sasha and her family find their way to working with their assailant's lawyer and family to help Robert. His were clearly the actions of a prankster in the moment, unaware of the possible serious consequences. We might better help him, both families and society as a whole by helping Robert to make amends, to be engaged in public service to share his experience with other youth in the hopes of helping others on the edge of right and wrong to choose right. Our system of justice is seriously flawed. There is a better way to move forward, for all to experience some measure of healing.
Mark Shyres (Laguna Beach, CA)
Public service for Robert? Like what. A bus driver or fire fighter?
Liz (Seattle)
Why on earth is it the responsibility of Sasha's family to help Robert? If others want to help him, fine, but Sasha's family has the right to move on with their lives and try to heal. It's not their job to fix someone who caused them irreparable harm.
Julia (NY,NY)
I'm still wiping the tears away. Fortunately, both have two strong, good mothers. Richard comes across as a sensitive, well meaning young man who on the spur of the moment did a very stupid thing. I wish them both a good life.
Sharon, Brooklyn Heights (Brookyn Heights, NY)
"Sensitive and well-meaning" would have been great qualities for him to have when his friend handed him the lighter.
Nobody (Somewhere)
It's a good thing he was punished then so we was able to get some context and realize how well meaning he really was after all
David (Monticello, NY)
Obviously, no one, regardless of how odd their lifestyle choice may appear, can ever be abused this way in this -- or any civil -- society. Having said that, and I know that there are a number of people who feel this way, but still, why would a human being in a male body not identify as a man? I do understand that sexual orientation can differ, and one can even feel like a woman, but doesn't having a male body still make one a man?
FlufferFreeZone (Denver, CO)
I know a few agender and/or transgender people. It's really simple -- inside, they simply do not feel like the gender that their bodies portray. As a result, some biological females, for instance, feel male, yet they still like men. So they're transgendered gays. Conversely, other biological females who feel male actually like women. So they're "straight" in a sense, even though their body parts portray something different. If every agender/transgender person could get a physical sex change to the body parts they "should" have based on the way they feel inside, then everything would "match" and it would all "make sense." But since sex change operations are not possible for many, many people, we will always know someone with a man's body who feels like a woman inside and someone with a woman's body who feels like a man inside. That's all it is -- who they feel like they are inside. I hope this helps you better understand this, David.
Caleb (austin, tx)
Sex type is defined by biology, but it is complicated. There are many more DNA classes than just male or female. for example, some people with male chromosomes develop female genitalia.

Gender is defined by social groups. The idea of masculine or feminine is even more complicated than sex type, because it includes sex type, sexual orientation, and behaviors unrelated to sex. Gender has a range of values, it's not just man or woman.

The number of intersex and transgender people is a very small percentage of the total population, but it's just as real a designation as male, female, masculine, or feminine.

http://en.wikipedia.org/wiki/Intersex

http://en.wikipedia.org/wiki/Transgender
Jackie (Missouri)
I don't get it, either. I'm a woman. I don't sit around all day focusing on my femininity, fanning away the vapors, and "feeling like a woman on the inside." If I were a man, I doubt that I would sit around all day focusing on my masculinity, pounding on my chest like a gorilla, and "feeling like a man on the inside." I'm a person first, and somewhere farther down on the list, I am a woman. For the gender-confused, it must be just the opposite.
Dr. D (San Francisco, CA)
This story exemplifies how human beings are capable of being the best and the worst. We can already see how Sasha represents the best of society...if only the world would see that too. That is the tragedy of this story.
Sharon Blake (Marin County, CA)
Whoa! Does this article get into weird territory or what?
Dlud (New York City)
The media does seem to be obsessed with gender orientation, and one has to wonder about the focus on this extreme and bizarre example. Is it because we readers, in spite of ourselves, are drawn to strange situations, and print media is always on the prowl for excesses of whatever kind? We seem to have an unending appetite for "Would you believe...?"
Sharon Blake (Marin County, CA)
"Would you believe. . .?"
Dlud,
Actually, for me, it's totally Too Much Information.
May I add that Richard did not intend to burn Luke but just liked setting the frilly skirt on fire to agitate things? His sentence is a total outrage. I hope it's overturned before he is ruined.
And I think Luke/Sasha's mother and father need some
real-world parenting classes. . .their kid appears to be the most irritating person in the history of the world.
Jack (CA)
Oakland has a very high crime rate and Richard's behavior is not sad, it is appalling. I live near Oakland and the city is crippled in many ways by the crime that is tied to drug use and young men like Jamal and Richard that are so callous at age 16, that they could not comprehend the cruelty of their actions.
Jamal should have been arrested and seven years for Richard is not that severe a punishment for setting a person on fire and doing nothing to put out the fire. Amoral at age 16. Oakland has many young men like Jamal and Richard and so far nothing has stopped the crime or the dismal school graduation rates.
The Artist FKA Bakes (Philadelphia, PA)
You're such a hard-ass Jack, good for you. God forbid you should ever do anything stupid in your life that borders or crosses over into criminality. Lump Richard in with the rest of the black and brown ne'er-do-wells in Oakland, as if punishing one excessively somehow would punish/deter all. I know, I know... you never made reference to race. Don't worry, you don't have to.
Sharon Blake (Marin County, CA)
Jack, I would suggest that no one wants to talk about the families, the single mothers and absent fathers who create these sad children. The "tragic" thing is once more we see what blindness to chaos and dysfunction does to individuals, communities, and cities. Until someone is willing to step forward and address the profoundly bad choices many people make in their lives, there will be no improvement. You can't fix a problem until you identify it and no one wants to go there . . .
Mark Shyres (Laguna Beach, CA)
It seems that they did comprehend their actions.
Eric (New Jersey)
Hopefully this 16 year old thug will be sent away forever.
Cate (NYC)
Tell me what putting that child in a box accomplished that making that child talk to other kids about dumb decisions wouldn't have. What an utter waste of years of Richard's life. He committed a crime against his community-- have him serve his time IN the community! Why do we see cages as the only solution to so many problems?!?
Brooklyn Traveler (Brooklyn)
Somebody who lights another human being on fire for recreational amusement is an animal.

He doomed that person to a life of pain and suffering and that person did NOTHING to him. NOTHING.

Maybe he can find some redemption somewhere. But actions have consequences.

Ted Bundy had a baby face and the heart of a monster. Monsters deserve cages.
CK (Rye)
Sasha is not, "doomed to a life of pain and suffering." Where do you read that?

A bit of clothing was lit, not a human being. Analogies with sexually depraved mass murderers are beyond the pale, such hyperbolic nonsense is farcical.
jb (ok)
CK, it was not "a bit of clothing" that underwent excruciating pain from second and third-degree burns from thigh to calf, during and following nearly a month in the hospital. Or that will suffer continuing pain and vulnerability to infection, as well as living with scars, that occurs in such cases. This doesn't even get into the medical expenses involved.

If a loved one of yours, or you yourself, were assaulted in this way, and you had to experience what burning of the flesh of a human being is, and does, you wouldn't be so prone to pretend it's nothing. You'd know better.
Rachel (NJ/NY)
My sympathy is more with the victim than the perpetrator, but that's besides the point.
Study after study shows that handling teenagers within the juvenile system, and giving them counseling, makes them much less likely to re-offend than throwing them into adult prisons where they will just learn how to be hardened criminals from being surrounded by violent criminals. Not only that, but over the lifetime of the offender, we as a society save money (on prison time, and police work, and crime) by giving a young offender a more supportive rehabilitation.
Enough is enough. We know what works for teenage offenders. Why won't these prosecutors push to implement it? Do they want more long-term crime and more career criminals? If not, then why are they ignoring all the studies that say time in an adult prison helps to create career criminals?
Josh Hill (New London)
Thank you. It's good to see some knowledge and sense rather than emotional cries to punish or equally emotional cries to forgive. Society will ultimately pay for what happens to Richard in prison.
Daniel Rose (Shrewsbury, MA)
One reason prosecutors do not act to rehabilitate juveniles, even when there is broad support for it as in this case, is the strong pull to fill quotas for private corrections contractors, and California is one of the biggest "offenders" in this. You can read all about it in the report, "CAPTIVE MARKET: Why we won't get prison reform," by Michael Ames in the February 2015 issue of Harper's Magazine.

I agree that our society is creating its own future H!ll, but that is the price we pay for privatizing the responsibilities that society should reserve for a well run government, Capitalism at its finest!
Davidin Cambridge (Boston MA)
A heartbreaking story. Two visceral reactions: it makes me tear up to read about the courage and instinctive integrity Sasha Fleischman has shown by seeking a way to live and present that rings true. As a 61 year old gay WASP I am so greateful that kids today experience a better world than I did. Progress! Sometimes it happens.

And as a former journalist, I fear the decline in print journalism makes me worry that someday we won't get smart, thoughtful, balanced, compassionate stories about the world like this one by Dashka Slater.

That apart from the shocking and tragic tale told here.
suzinne (bronx)
You can be sure religion played a significant role in Richard's dislike of gay people.
Dlud (New York City)
And exactly why is it that we "can be sure religion played a significant role"? This is a totally subjective comment that replaces one supposed prejudice with another.
jb (ok)
Not necessarily; I don't say that to defend "religious" homophobia, but simply because a variety of "macho" men seem to regard anything but heterosexual male appearance and behavior as an affront, an intolerable one. They would bully, beat, or otherwise maltreat a homosexual, transgender person, or agender person because they want to assert their own power and "manliness"; it's an ego-based thing for them.
CK (Rye)
I'm an anti-theist, but I see no evidence of that, beyond the general effect of going with the status quo.
zenwave (New York, NY)
I support LGBT rights and equality for all.

I am also very troubled by the notion of codifying legal terms such as "Hate Crime" and "Hate Speech"

If someone murders, charge them with murder. If someone sets fire to another human, charge them with that.

The reasons don't matter - unless it is self-defense - the actions do.
François Fiset (Burkina faso)
It's interesting to note that you're already making an exception by adding 'except in self-defense'. What if someone causes someone else's death after dropping a heavy object? Is that the same thing as murder? Of course not.

As other readers have pointed out, in all likelihood, Richard did not intend to engulf his victim in flames. Yes, intent does make a difference.
CK (Rye)
Malice matters, hate qualifies as an especially egregious form of malice.
Gaius Maximus (NY)
Serious question. Do you then advocate eliminating the distinction between manslaughter and murder? There are more cases in law than hate crimes where intentions are taken into account.
Neilk (Los Angeles/NY)
Upsetting to the point of a plaintive wail. What agony Sasha has endured and endures still. I feel for the victim. For the tragic and deeply perhaps irretrievably disturbed boy there is little I can say. That has been analyzed in prior comments.
Chris (10013)
gay/trans/etc young people not only must grapple with uncertainty about sexual identify as they go through their teenage years but are maligned, verbally abused and subject threats of violence. Richard is portrayed as a marginal but nice young man who somehow did something stupid. If we substituted a white 16 year old who spoke of hating blacks and chose to light the clothing of a black teenager on fire, would we have empathy for him? The laws must protect people.
Josh Hill (New London)
Unfortunately, it's a good point.
P (Michigan)
If a white kid had a similar background--single mom who gave birth to him at 15, a killed friend, a killed aunt, etc.--I know I would. If we were to assume that your hypothetical white kid grew up in the 'burbs with two employed parents and had perfect attendance awards going back to kindergarten then, no, empathy would not be appropriate; it wouldn't be if that had been Richard's life either.

The notion that a white 16 year old who did something comparable on the bus might fail to inspire the same level of empathy implies a racial bias against white people that is simply not institutionalized the way the bias that begets arrests for "walking while black" and similar offenses is. If we can't understand the influences of environment and culture, our institutions will always discriminate as they do and "the talk" will remain an important key to staying alive for black males. Those who expound upon "black on black violence" and "reverse racism" and insist that acknowledging the existence of racism is "playing the race card" fail to recognize that, although they may have legitimate hard luck stories themselves, in a country where institutions and infrastructure have so long been neglected and only the very rich really have a voice in government, whatever their lot in life, if they had been born African American, their lot would likely be worse.
pork (ivory coast)
Some clothes are indeed made out of very flammable material. I once had a shirt that I hated, lit it on fire, not expecting it to burn up the way it did. It burned like plastic, and quickly melted on the pole it was tied to. Frightening. Maybe clothes should only be made of cotton.
Jothindra (India)
As you say,the synthetic material does ignite,causing burns.
drm (Oregon)
Cotton? You think cotton doesn't burn? Cotton burns very well. This article doesn't state what the skirt was made of (and it doesn't matter). Cotton doesn't melt, many synthetic materials can melt and the hot molten fabric material sticks to the skin and may cause continued burning. Again the article didn't state anything about how the burn proceeded - was it due to melted fabric sticking to the skin or just the heat of the inflamed skirt? I would not rely on cotton for fire safety. For fire safety I would have to go with wool. Wool is very expensive though; cotton is much cheaper. I know someone who belongs to a knitting guild that knitted caps for the military - only 100% wool is acceptable due to the melting problem with synthetics.

But why should the average citizen on the streets of Oakland have to think about fire resistance of their clothes when they go outside? I would like to see an Oakland where only firefighters have to worry about fire resistance of their clothing.
Shane (New England)
We encourage and support heinous, destructive behaviors epidemic in some communities. In particular, I am talking about supporting women who have children they cannot support, who will be raised without fathers in broken families.

We subsidize these bad choices. We make it easy for girls/women to have more than one illegitimate child, often with different fathers, further fracturing the fabric of family support. And, we surely can't stigmatize the women who DOOM their fatherless sons. Oh no!!! It's the fault of the police or the "one percent"...anyone but the mother and the policies that keep her well-fed and housed and comfortable as she continues to engender tragedy down through the generations.

I didn't start off as a conservative, but stories like this can only lead a sentient person to conclude that fatherless boys with over-burdened moms pass through great danger on their way to adulthood, and, if they arrive at all, do so in a horrifically impaired state.

Continue these policies if you will, but you invite much suffering with your misguided "help."
The Artist FKA Bakes (Philadelphia, PA)
No child is "illegitimate." For a supposedly "sentient" person, this fact, along with the fact that Richard has a 'father' in his life, have somehow escaped you.
Avarren (Oakland)
Yep, blame those loose women, having intimate relations outside the context of heterosexual marriage. It's completely their fault. We surely can't stigmatize the men who participated in the act of engendering, because THAT would be totally unreasonable.
John Anderson (Tucson, AZ)
The mother works 12-14 hour days. A "conservative" should applaud her effort. A "sentient person," presumably you include yourself, should support policies that reward that type of effort. How about a livable minimum wage, for example?
AJB (Maryland)
How could this author not even address the issue of the danger the fire posed to everyone else on the bus? Apart from the crime committed against Sasha Fleischman, this was a crime against the public by endangering all the other bus riders. The fire could even have spread to engulf the bus, resulting in an explosion.
GB (NC)
I will tell you, to watch another person to be terribly injured is itself traumatizing. Twice in my life I have watched, as if in slow motion, as others were injured, not knowing if they were going to die. In both cases, people, not the injured, fainted, were revived and fainted again. We are all victims when others are injured while we watch.
CK (Rye)
The bus could then have hit a train, derailing it into a propane terminal at the end of a runway, knocking a 747 out of the sky into the Golden Gate bridge.
Lawrence (Washington D.C.)
For want of a nail the shoe was lost;
For want of a shoe the horse was lost;
For want of a horse the battle was lost;
For the failure of battle the kingdom was lost—
All for the want of a horse-shoe nail.

Bad actions often have consequences we can't imagine.
RCT (New York, N.Y.)
Richard needed to be punished for his actions but, at age 16, lacked the understanding, moral judgment and impulse control of an adult. That is why 16 year-olds are treated as not legally competent to execute most contracts or manage their own financial affairs. They are kids.

There is no reasonable explanation, therefore, for the DA's decision to send Richard to jail for an additional 2 years, particularly when that longer sentence meant that he would be confined with adult criminals. Switching the sentence at the last hour was also, I think, ethically unconscionable.

What possible advantage to society is to be gained by the incarceration of a very young man, particularly a young man of color, with hardened criminals? How is this a just outcome for the assailant, victim or society as a whole? Who will benefit? It was already clear that the authorities were taking the crime against Sasha seriously. How does ruining Richard's life contribute to that goal?

Sasha and his family have the right take on what happened: it was terrible, but Richard is not a terrible or lost person. What the DA -- the system -- has done to him, however, may make him one.

Why do we never learn?
Binne (New Paltz)
"How does ruining Richard's life contribute to that goal?" The authorities have not ruined Richard's life. He's done that himself. With help from his good friend Jamal.

And further..... “'He’s now thrown to the wolves,' Du Bois told me. Weeks later, he was still fuming about Richard’s sentence. 'It’s punitive,' he said." Um, yeah -- that's the point. Do we really think Richard should not be subjected to punishment? Really?

I do not grieve for Richard. He made his choice. I do not grieve for Richard's mother, who never taught him that fire is not a plaything. Maybe the wolves he's been thrown to will teach him a thing or two about right and wrong.
sr (santa fe)
"There is no reasonable explanation, therefore, for the DA's decision to send Richard to jail for an additional 2 years". . .

I keep thinking here of incident a few years ago whereby a judge was found guilty and of receiving kickbacks from a juvenile detention center (privately operated under contract with the state) for every kid he sent them. Could something like this perhaps explain the sudden change in the sentence? Would someone please investigate this possibility?

Richard should pay a price but this is excessive. His sentence should have been mitigated by the fact that he was incited to act by another, rather than coming up with the idea on his own as well as his (not unreasonable) expectation that the results would be the teenage version of "hilarious" and not injurious. There isn't a man alive who couldn't tell a story of how they could have been trapped for life by a stupid stunt in their youth.
Gwbear (Florida)
The real ugky thing in this story is, tragicly, one of the factors that could be controlled: the DA.

The American Criminal Justice System is a barbaric mystery to most of the rest of the world. It has all the markers of a home grown Wild West popular justice hodge-podege, except we are long past those days. Criminal officials and judges are elected in many places, and therefor influenced by the lynch mob mentality of the popular will. This makes for states that execute mentally disabled people (Georgia) or DAs making points to score with the public, such as this DA did. Was he really interested in equity and justice? Of course not! Where is Richard's accomplice? The laughing boy who had the lighter and egged Richard on is as responsible for this crime as if he had flicked the lighter himself. He is not even a bystander in the aftermath! What kind of DA is this? I would not trust him to be dogcatcher, let alone be in charge of managing the criminal justice system for my state!

Deals, emotions, politics, arm twisting, taking the easy way out: it's all here, except a high standard of justice. As so often happens justice and fairness took a back seat.
Sarah (New York, NY)
Why couldn't the Times respect Sasha's choice of pronoun? While I understand the hesitation to use "it" (perceived by many as dehumanizing) or "xe" (which is, shall we say, a bit arbitrary and unrecognizable to most), the only objection to "they" is that the Times thinks it's ungrammatical. In fact, it is an incredibly common colloquial usage, and it is hard to see the harm to the English language or the general tone of the paper to use it when specifically requested by the individual to whom it refers.

As for the rest of the story, what a tragedy, what a waste. I hope Sasha recovers fully. I hope Richard manages to survive prison and find a way to make it in a world where black felons are essentially unemployable.
Judith Remick (Huntington, NY)
Sasha is not a "they." Agender may be a good word for it, but Sash needs a proper pronoun, as well as a hate-free life. This is a terribly sad story in every possible way, and I hope, with every fiber of my being, that Thomas Richard will be allowed to do his time without molestation or temptation to err again.
I wish the very best to both of these troubled youths and their families. God's love be with them all.
Suzie Siegel (Tampa, FL)
It's common to use "they" when you don't know the person's gender. When you know who the person is, use of "they" can be confusing in a story that talks about a bunch of different people.
Meg Norris (Long Island)
Once upon a time "Ms." was also considered a made up title. But somehow the English language has managed to survive its addition.
grizzld (alaska)
Whomever set the fire on this woman , should in turn be set on fire himself until he is terminated.
Eric (Massachusetts)
An eye for an eye. Right, spread the blindness far and wide, even with the kids.
A. Stanton (Dallas, TX)
ICases like this don't raise any complexities for me.
We have jails and jails have keys and when you set someone on fire, the keys are supposed to be thrown away for a very long time.
Avarren (Oakland)
That depends on what you are hoping to accomplish with the punishment. If you think Mr. Thomas deserves to be in jail for the rest of his life, then by all means, let's build a whole bunch more jails and just lock him and every other criminal up permanently. But if you feel that at some point Mr. Thomas should be allowed to rejoin society, then you might want to reexamine your simplistic views of justice and consider that maybe we should figure out how to rehabilitate Mr. Thomas so that he can become a law-abiding, productive member of society by the end of his punishment, instead of another prison-hardened thug with little to no prospects of gainful life outside the jail.
Garry Sklar (N. Woodmerre, NY)
Tragic. Actions have consequences. Personal circumstances are not an excuse.
This article is really about whether or not civilization can endure.
flyfysher (Longmont, CO)
Jasmine Jackson said,

“'My son’s not like that,' she said, the words tumbling out in a rush. 'I don’t know what made him do that, and I’m sorry. We’re not hateful people.'”

Jasmine, your son may not be a hateful person but he committed a hateful act. Sasha was seriously injured and maimed as a result. Richard has no one to blame for the consequences of his own viciousness but himself.

Richard should count himself lucky that his victim was in a position to kill him in self-defense. Because that would have been completely justified under the circumstances.

Prison for a long-term? Can't say I am sorry for Richard. He brought it on himself and saying sorry does not change the outcome of his actions. Frankly, Richard should also have been charged with conspiracy.
SayNoToGMO (New England Countryside)
A just sentence would have been to put Richard to work in a burn unit at a major hospital for seven years. Having spent many months visiting a child at the Shriners' Burn Center, it changes your life when you see what fire does to people. The suffering is horrible and the scars are forever. Sending Richard to jail will not make him a better person.
Fred Greenstein (Kentucky)
A truly sensitive, compassionate article about a horrible, tragic event.
There are no winners in a trial like that.
I would like to think I would have a capacity to understand that was even close to Debbie and Karl's but I guess no one really knows. I have an 18 year old daughter. I hope I never find the answer to that question.
Alexandra Wagman (San Francisco)
This occurrence was truly a tragedy for all who were involved. One of the most unfortunate parts is the unclear outcome of both Sasha's and Richard's lives. If the crime is treated as a malicious hate crime, then whether it was intended that way or not, Richard is condemned to what one can only assume will be a life spent in and out of prison. If the crime is treated as a "prank" gone wrong, then the message is that it's acceptable to set people on fire. I think the original sentence, which at least gave Richard the opportunity to serve his time in juvenile facilities was the best way to handle this.
sue (san francisco)
I live in one of Oakland’s nicer neighborhoods and hate the level of crime throughout this city. I’m glad Richard was arrested. However it is bizarre that Jamal, the boy who instigated the attack, handed Richard the lighter and egged him on was never interviewed, arrested or charged. A far fairer deal would have been to keep the original 5-year sentence for Richard and also charge and sentence Jamal as an accessory. Two years for Jamal plus the 5 for Richard equals 7 years. And then fire Nancy O’Malley and Richard Moore.
grizzld (alaska)
Stop voting for liberal pols. Elect enough conservatives and the laws can be changed. Folks need to be able to defend themselves. Pass a concealed carry law and get rid of all the anti second amendment laws in CA, then pass the castle doctrine law. Until that happens, pack a machete in your backpack
Dan Stackhouse (NYC)
Seems to me in the world Grizzld promotes here, Richard would have set Sasha's skirt on fire, and then everyone on the bus would have gone for their gun and opened fire, leaving a death toll of 12 with 18 more wounded. Not sure how this would be an improvement, except in that the world does need less humans.
B. (Brooklyn)
Well, as we used to say, we don't jump off the Brooklyn Bridge if someone tells us to.

Richard probably knew some choice phrases to use against a pal who'd goad him on to set a person on fire. How about "Go $&?$ yourself?"

But you're right, we'll be reading about Jamal's exploits one of these years.
N (Michigan)
something was going on with Richard, no matter how much people wish to sympathize. He was in a youth home for a violent offense. several of his friends were involved in shooting incidents. I think he had enough information to know that he could cause great harm by lighting someone on fire. I think something would have happened sooner or later if not this.

I don't know what the solution to violence might be, but in the absence of ways to prevent serious attacks on people, our society has historically imposed consequences after the fact. Theoretically Richard had a choice when he was handed that lighter.

As for Sasha, I don't understand him either. But I guess I don't need to.
Mike (New York, NY)
One way to start understanding Sasha is not calling xe/it/they a him. Sasha doesn't identify as that. I don't know how to say it correctly either. Can someone educate us?
N (Michigan)
How he identifies is not my issue. We are male or female biologically. Dress has nothing to do with it as it varies from place to place. Making up pronouns and instructing everyone what to say is odd to say the least. maybe in SF.

If I saw a female dressed like that I would think she was trying to attract a lot of attention. but maybe there is some obsessive behavior there or something. I don't need to know. Richard was out of line with his reaction and deserves punishment. No excuses and no passing responsibility on to Jamal. We need to stay in the real world here.
GWE (ME)
Heartbreaking story......

.....I think we need to seriously rethink how we are training our young people. Whereas it is standard practice to teach sex ed in middle school, we don't do a solid enough job of normalizing the very TYPICAL and COMMON issues of transgender youths and gays and lesbians.
Ben Franklin (Philadelphia, PA)
I do not understand why Jamal was never interviewed by police. He gave Richard the lighter. Why? What did he think Richard would do with it? If he thought Richard would set Sasha on fire, why isn't he being charged as an accessory to the crime?
roz (bronx , ny)
This story is so sad! I am crying with the mothers and both kids. Surely clear heads can see the fallacy of the governments actions and can do something to turn the recent events around to a more positive ending. The way it stands now justice isn't being served.
Nat Solomon (Bronx, NY)
A very sad story. On second thought perhaps not so sad.
Dan Gayle and his friend acted bravely and maturely by helping Sasha.
Sasha sounds like a wonderful young man who doesn't fall into self-pity or recriminations. Richard was scarred by a highly disfunctional society long before Sasha was scarred by the flames. He acknowledges the stupidity of his actions and expresses his regrets to his victim. Wouldn't it be more appropriate for him to work with burn victims rather than be warehoused in a juvenile facility for the next several years?
My heart goes out to the parents.
Notafan (New Jersey)
No, it would be more appropriate for him to spend a lot of years in prison. You don't set other people on fire. And if you do not know that simple fact then you belong in a prison.
John Anderson (Tucson, AZ)
So you want to send someone to prison for not knowing "that simple fact"? That mindset is truly frightening.
Sandee (Houston, TX)
No, it wouldn't. Society deserves protection from a person so dangerous as to thoughtlessly light people on fire. For wearing a skirt.
bozoonthebus (Washington, DC)
What upsets me after the horror of the incident itself, is how clearly our judicial system -- overwhelmed at this level, granted -- doesn't take into account at the sentencing phase what appears to me to be the genuine remorse of an adolescent who clearly knows he made a terrible mistake. Of course Richard deserves serious jail time; there is no way we can allow an incident like this to go unpunished. But I would think that if our judicial system valued wisdom, that competent social workers, psychologists, and even Sasha and their parents would be in a position to ascertain over time what I suspect based on this article -- that despite his serious failings Richard is a young man who could yet be saved by some type of built-in parole based on good behavior and demonstrating behind bars a sincere effort to improve himself. Add to that a mother who works hard and clearly has values, and you have the foundation for potential redemption and rehabilitation rather than recidivism. Sasha will remain emotionally wounded long after their scars heal, but they will recover more or less. The chances of the same thing happening to Richard -- who stands out in my view from peers who are hardened hoodlums -- are slim if he gets out of prison in his late 20s with no proof to show of his potential for good.
John F. (Las Vegas, NV)
Kids are stupid. They can be kind, cruel, thoughtful, or impulsive, but they have a real knack for being stupid. It's biological--the part of the brain able to predict consequences becomes impaired during adolescence. As a teacher who has worked with adolescents for thirteen years, I've witnessed this stupidity in many forms, but one example in particular comes back after reading this. Years ago I was lecturing my students and writing notes on the board when I noticed a small flash of light out of the corner of my eye. Of course the entire class played dumb when I asked about it. I went back to writing the notes, then saw it again. This time a few students were giggling, but no one would admit to having seen anything. So I went back to writing notes, then quickly turned in time to witness one of my students sparking a lighter near the hair of the student sitting in front of him. He wasn't trying to light his fellow student's hair on fire, but that possibility had never occurred to him, and it had apparently not occurred to the kids on the other side of the room who had a clear view of his antics. The young man, who was the same age as Richard Thomas at the time, was probably lucky I caught him. His punishment was nine weeks in what my district calls "behavior school," which is like regular school but with much stricter rules and without sports or clubs.
Jeff Collins (Woodstock, NY)
How come I have the feeling that if Richard had been white, he would have received probation and not spent any time in prison?
Dan Stackhouse (NYC)
Ah, but that's if he'd been white with money. A high priced defense lawyer could have gotten him off with years of probation, perhaps less than a year in jail. But white with no money, he'd probably have gotten about the same punishment.
suzinne (bronx)
Really? PROBATION for setting somebody on FIRE? Now that sends the correct message, and basically teaches the kid it's OK to commit a hate crime.
seattle expat (Seattle, WA)
Because you get a kind of visceral enjoyment out of knee-jerk cynicism.
Any other questions?
Ron Shinkman (Sherman Oaks, Calif.)
A friend of mine from high school shot his patent attorney father in the back of the head after an argument about his car privileges, buried him in the backyard and pretended for a week all was well. As a member of an upper-middle class white household, he was tried and incarcerated as a juvenile and was released when he turned 25. He's since written trade books on computing and is an IT executive with a company in the Midwest. We need to understand that juveniles need to always be treated as juveniles because they sometimes commit atrociously stupid acts that would horrify them as adults.
gaze08 (Costa Rica)
Caucasion just us.
dhfx (austin, tx)
That's how you find out what frontal lobes are for.
Tb (Philadelphia)
Wonderful piece, very compassionate. But what happened was more than just an assault on Sasha. It was an assault on everybody on that bus, really an assault on the community. Justice is more than just what the crime victim wants. Justice is about that community and its future safety as well. I'm not convinced that Richard is safe to have on the streets till he grows up a bit. Anybody who would light another human being on fire... You can't escape the fact that he did it -- an unprovoked and very barbaric act.
Dave (Albuquerque, NM)
"I'm not convinced that Richard is safe to have on the streets till he grows up a bit. "

I think the notion that someone who lit someone else on fire can "grow up a bit" is naive in the extreme. Some people are just dangerous and cannot be rehabilitated. Lighting someone on fire is not normal. Call it bias but someone like Sasha Fleishman is going to make many people uncomfortable, but even so 99.99% of them would not light Sasha on fire, or even beat him up.
B.T. (Palo Alto)
Come on people. Richard did not want to light Sasha on fire. Why is it so hard to believe that what he wanted was simply to make a joke, stupid, dangerous, senseless, maybe even cruel, but still a joke. Why is that so hard to believe?
Lori (New York)
B.T.: How is setting someone's clothing on fire (or even just a small smoldering) a "joke." Haha. Bullies usually say to victims: "What's the matter, you can't take a joke.?" There is nothing funny about hurting a person or an animal. Thinking this is a "joke" is a sign of lack of empathy.

These are not a "joke", they are classic symptoms of conduct disorder, precursor to antisocail personality disorder and also to sociopathy/psychopathy.
CityBumpkin (Earth)
Among many other issues this article raises, it asks what expectations we have for 16 year olds. In California, 16 year olds are allowed many types of part-time employment, and may be licensed to drive. So California law expects 16 year olds to be able to navigate society responsibly without engaging in actions that will seriously endanger others.

The law acknowledges that sometimes juveniles cannot be expected to appreciate a situation and consequences the same way an adult might, later in life. But is this one of those situations? Is it unreasonable to expect a 16 year old to know better than to light someone on fire? How old do you need to be before you know that setting someone on fire is seriously wrong?
Jack Walsh (Lexington, MA)
Well, why was the deal changed? We certainly have a right to know how the DA office works, how decisions get made, what the guidelines are for ADAs. Of all the parts of the justice system, the charging/plea bargaining system is easily the most opaque. Does't need to be; someone needs to get these people to justify themselves.
polymath (British Columbia)
"He thought the fabric would smolder for a moment, and Sasha would wake up and slap out the spark, startled but uninjured."

How can anyone know other people's thoughts? (Or whether they are describing them honestly.) They can't.
dhfx (austin, tx)
So what we need is fireproof clothing?
Suzie Siegel (Tampa, FL)
Polymath, this is how narrative stories are written these days. To make articles read more smoothly, writers omit the attribution. Instead of writing, "He said he thought," we get "He thought." We know Richard lied to the police before he knew a video existed. We don't know if he has lied about other aspects of the crime in hopes of lessening his punishment.
JCricket (California)
I agree. But that does not stop people from making these kinds of assumptions about other people.
Footprint (NYC)
I am in tears reading this.
Thank you, Dashka Slater, for writing this article.
Hopefully this wisdom and compassion it contains will touch those who most need to hear it.
Paul King (USA)
No winners in such a terrible occurrence.

But there is hope for better days.
For Sasha and for Richard both of whom have so many years ahead to become themselves and work diligently at being happy.

Sasha said it best- Richard is a 16 year old kid and kids do dumb things. I doubt he wanted to mame Sasha.
Sasha is bigger-hearted and more forgiving than some of the hard-hearted commenters we will see here I'm sure.

A common prank in the old days of baseball was to give a fellow player in the dugout a "hot foot" - having teammates distract the victim while others essentially set his shoe on fire. Weird fun.

These kids were no angels for sure. Let's be clear.
But they didn't realize their dangerous prank would be so injurious I bet.
pkbormes (Brookline, MA)
You use the plural "they".

We know from his writings that Richard feels remorse. We don't know anything about Jamal.
Lori (New York)
Well, I'm not sure injuring someone is a prank, a joke, or something so lighthearted. Its actually sadistic. Whether it is intended to maim or not.
LindaG (California)
Sad story for all involved. I can't help but wonder how this would have played out if the victim had been a black woman and the perpetrator had been a white teenager who later made racist statements to the police. Would the teen have been tried as an adult? Would the sentence have been the same? Would people be as sympathetic to the perpetrator?
In any case, I believe that a 16-year-old should never be tried as an adult, and that there should not be any hate crime statutes on the books. Oh- and the prosecutor in this case was a jerk.
Félix Culpa (California)
Politicians should enact the laws, not administer them. Electing prosecutors (and judges) inevitably leads to miscarriages of justice.
PE (Seattle, WA)
This should be shared with everyone, because there are important lessons that could lead to reform.

It seems to me that Richard learned his lesson, even before time served. Isn't that suppose to be the point of our justice system: to reform criminals and send them back into society as responsible, law-abiding community members? The system does the opposite of what it claims. Richard will not come out of the system reformed, but broken and abused, unable to get a good job for the rest of his life. Yes, he should be punished, but, as a society we too often miss an opportunity to reform. We should not be creating broken, lost, unemployable, angry people--but teaching stern moral lessons that lead to growth. Sasha would agree.
hd (DC)
One bad judgment call on Richard’s part and years of incarceration for a teenager...
Only time will tell whether the 7-year sentence helped Richard to be a productive member of the society, or the State of California spent precious and scarce time and money to create a true monster for the society.
This is a heart wrenching story that can happen to any families in this country with teenagers.
My first son will be a teenager in March; on one hand we want him to have autonomy and become his own man, but on the other hand it pains us when he makes common pre-teen mistakes in his interactions with his younger siblings. The thought of those silly mistakes snowballing into more serious lapses of judgment outside the house is simply terrifying. Only if children came with an owner's manual, perhaps parenting would be slightly easier.
Paul (California)
One bad judgement??
Swatter (Washington DC)
I hate prosecutors, putting their "kill" score above all other considerations. What the kid did was abominable but suddenly changing the deal with no explanation benefits only the prosecutor's career while making it more likely rather than less that the kid will become a hardened criminal (bad for the rest of us but might give he prosecutor another case in the future), and sends no added message that would keep similar things from happening - this kid certainly was not steered away from doing something stupid by any previous messages.
Josh Hill (New London)
A terribly sad story, without the possibility of a good outcome and an outcome that was worse than what might have been achieved. At the same time, no one seems to want to talk about the real question here -- why exactly did this boy do something that was so astoundingly foolish?

I don't want to hear the nonsense about the undeveloped minds of 16-year-olds -- we are immature at that age, yes, but I doubt there is anyone here who would have set fire to someone on a bus at that age. The 15-year-old mother, the murdered friend, the broken English and the failure, despite good intentions, to thrive in school all point to a deeper, sadder problem in the African-American community for which we have as yet no remedy beyond the waste and cruelty of imprisonment.
P (Michigan)
I believe your intentions are good, Josh Hill, but not wanting "to hear the nonsense" about the science of brain development is ignoring the reality of the developmental aspects of impulse control and judgment. There is no justification at all for what Richard did. None. That said, his notion that the flame would go out before causing any damage is about as juvenile and simplistic as thinking one kid's tough life is a symptom of a "sadder problem in the African-American community".
Josh Hill (New London)
P, I wasn't denying the research -- as I said, we are immature at that age. What I called nonsense was the misapplication of that research to justify heinous acts on the part of teenagers who most certainly are mature enough to know better. It would come as a surprise indeed to most 16-year-olds to learn that they aren't mature enough to refrain from setting fire to passengers on a bus. What I think is going on here is something deeper and sadder. Read Richard's letters. "Dear Victum" says it all. The boy is heartbreakingly simple. He tries, but cannot thrive in our complex, competitive society.
Stacy (Manhattan)
Josh, he may just be woefully uneducated.
CNN (CA)
Thank you for a very well written tale about a very sad and heartwrench story. Initially, when reading the local papers about it (I do live in the area) I had much contempt for the perp, even though he was a kid still.
Now so much more was gleaned from this writing, at least for me. It appears that Richard feels genuine remorse about his action and is probably mortified by them.
One can only hope/pray that everyone involved continues to heal well.
The Sasha will live and move painfree again...they certainly seem to have a great spirit.... and that Richard will be able to hold onto some faith and dignity during the time in juvi.
Marion Teacher (Brooklyn)
The world would be a better place if everyone were as sensitive and forgiving as Sasha, Debbie, and Karl.
Lynn (Philadelphia)
One spontaneous, thoughtless act, and two lives are changed irrevocably. We all skate on the thinnest of ice every moment of our lives, though we choose not to recognize how everything can change in the blink of an eye, in the flash of a flame. What an incredibly tragic story.
K Henderson (NYC)
"spontaneous act"?

Did you read the article carefully? There was clear and repeated intention to do harm.
whoandwhat (where)
What an incredibly dishonest comment. In street culture, lighting white people on fire is a recurrent theme. It's hardly a spur of the moment decision, otherwise you wouldn't have a lighter and have thought about which item of clothing is the most inflammable beforehand. He also had to single out a target, plan to approach the target, then hold the lighter to combustible material long enough for a greater than hand size flame to develop.
It was not some disembodied flame that did this, it was a premeditated decision. Your blithering and blubbering about this is a large part of the problem; criminals scope out when adults are likely to respond by cooing over them. They can ten figure the amount of street cred gained is worth the risk of prison/networking time.
I've met plenty of people from the big house system. They didn't like being there, but it's more an interruption in their activities than the disaster you make it out to be: they had no interest in the straight jobs you think they aspire to.
Barb (Columbus, Ohio)
One spontaneous thoughtless act - the first time. But repeating the act again and again was not spontaneous but planned. Yes - a very tragic story - especially for the victim.
alasnuevas (NY, NY)
The travesty of the US judicial system is in painful evidence in this tragic event. Richard's actions were terrible but how is putting him away in an adult jail supposed to help him? Given what we know about the realities of young African-American men and the US judicial system his life might as well be over. If Sasha, his family and the LGBT community could bring themselves to ask for a restrained and thoughtful response to his actions from the judicial system, why did the prosecutor felt it necessary to bury Richard and in whose name? This is not justice.
Maureen O'Brien (New York)
Unfortunately, this is justice. Actions have consequences -- this was a violent crime. If it was a group of white youth that set a black Sasha on fire, would you still be pleading for a minimum jail sentence?
Tom (san francisco)
I have sympathy for Richard but he set a kid on fire after trying three previous times. It makes it worse that his mother and family appear to be good people. Yes there are institutional blocs to Black children, adolescents and teens that result in inequitable incarceration and failed education - but he set a kid on fire and the DA could not be lenient.
sarai (ny, ny)
A sentence of 7 years probably to be reduced to 5 (or less?) with good behavior is lenient for the crime of arbitrarily setting someone on fire on a
public bus. The 16 year old is lucky that a courageous samaritan stepped in to extinguish the flames as the victim very well would have died and had the fire spread taken some passengers with him. Then nearly adult "child" would be guilty of multiple murders. There is no excuse for this severity of deliberate behavior and too much sympathy is being shown him in these comments. What if this had happened to one of them?
What (NJ)
There is an abundance of research coming out these days about the difference between the teenage brain and adult brain, differences relating particularly to impulsivity and judgement. An act of this nature committed by a 16 year old is entirely different from a similar act committed by a 30 year old. Everybody who knew the boy who committed the act described his concentrated efforts to get and keep his life on a positive track, despite the devastating circumstances surrounding him. Even once in juvenile prison for this crime he continued to work hard, attend classes and do what he could to keep his life on track. Throwing more obstacles in his path, forcing him to have to learn to deal with the even more brutal environment of an adult prison as a young man seems unlikely to produce any positive results but rather to serve only to make Richard's attempt to live as a "good" person that much harder and his chances of success in that goal only that much more unlikely. How does that benefit society, let alone have any kind of beneficial impact on this one individual child who shows every indication that in the absence of additional traumas he would be ready to learn every lesson possible from this horrible situation and move on to become a productive and contributing member of society?
Francis (Brooklyn)
I don't particularly understand why the New York Times continues to report on stories centered on non-binary gendered individuals without honoring their expressed preferred pronouns. In an article focused on the pain, loneliness and invisibility of a non-binary gendered person why would the NYT counter Sasha's pronouns with a cold parenthetical asserting that their self-determined identity is at odds with the paper's outdated style guide. The "singular they" has been in common usage since Shakespeare (  "​Tis meet that some more audience than a mother, since nature makes them partial, should o'erhear the speech."— Shakespeare, Hamlet (1599)). If the NYT can update its vernacular to include words like "sexting" and other frivolous neologisms of modern culture, why not just revise the stodgy style guide to report on people as they self-identify. That is the only unbiased reporting style possible when writing about trans and gender nonconforming people. Otherwise every editorial parenthetical is a condemnation and erasure of their identity. The Times is hiding a real transgender bias beneath the claim of a stylistic bias. Why report on Sasha at all if the Times is just negating her identity while doing so?
Josh Hill (New London)
People fuss to much. If the Times changed gender to suit every subject, the poor reader would drown in confusion!

I'm all in favor of showing respect and compassion to those who suffer from gender dysphoria, but really, language is a shared creation, not an idiosyncratic one, and there are practical limits even to 21st-century narcissism.
Dave (NYC)
A somewhat valid point, Francis, but you may want to re-read your first and last sentences. The Times said it was a "linguistic challenge," a point you just inadvertently proved.
Francis (Brooklyn)
Ay ay ay. Ok, so obviously I should have reread my comment twenty more times before posting, because in my enthusiasm I misgendered Sasha!! So sorry--last sentence should read "Why report on Sasha at all if the Times is just negating their identity while doing so?"
Bill Gilwood (San Dimas, CA)
What if it was your kid? What if it was you? Lock Thomas up for life. I hope he rots.
Rob (Brooklyn)
Whose interests are served by sending a 17 year-old boy to prison for life, besides your own?
flyfysher (Longmont, CO)
Whose interests are served? The public's interest would be served. Richard would not be in a position to hurt any other member of the public. That is the interest that is being served here. Geez!
Hotblack Desiato (Magrathea)
If I was me or my kid I would hope to be able to muster some measure of compassion for Richard Thomas if only prove to myself that such a terrible incident still wouldn't cause me to lose my humanity.
Mark (Boston, MA)
This story is an embodiment of tragedy. It didn't have to be. Our legal system awards DA's, police officers, and other member of the law enforcement and judicial system for what is characterized as decisive punishment and action, and protects those choices against public criticism as a knee-jerk reaction of self-defense. What is never awarded or protected from criticism is pragmatism and balance. There is simply no way to rectify Richards actions against Sasha, but if this DA, O'Malley, had the wisdom to see a resolution that could be reached without risking criminal indoctrination in a prison, or alienating another misguided youth, the people of Oakland would all be better for it. Instead, the she protected a "tough on crime" image by strong-arming a couple of years of extra sentencing to the plea deal. But, I guess, at least when her yearly review comes up, she'll look like she "does her job"....

Our citizens deserve better service.
Bonnie (Central New Jersey)
This is exactly what I was thinking. She's basically feeding the beast, the ever ready privatization of our jail system, claiming it as a hate crime and putting a child in jail. It was a terrible act, but what about the boys who dumped a shopping cart on Marion Hedges head? How many cases have white boys committed assault and even murder and received light sentences or no sentence at all? Inequitable justice, to say the least. When is a crime tried as an adult? Answer: When you're poor and black.
Todd B (Colorado)
This is truly a terrible story with horrible outcomes all around. I find it most troubling that some readers comment are dismissive of Sasha now that they have physically healed. I am sure that Sasha will have to deal with the emotional trauma of this event for years to come. Physical healing happens far quicker than emotional healing.

To say that Richard has received a sentence greater than he deserves does not square with the deal that he accepted. Yes, changing the sentence in the final moment is unfair, but the young man committed a crime. He tried to light the skirt on fire several times; not once, but 4 times until the skirt caught fire. Malicious indeed.
Josh Hill (New London)
Malicious, yes, but one has the impression that Richard was too intellectually limited to understand the consequences of his action, and that he feels genuine remorse. The question then becomes what is in the best interest of society? Will society be served by putting this simpleminded boy into adult prison, where he will become a hardened criminal? Or is he less likely to commit further crimes if he's treated as a juvenile? And how important is the deterrent effect, which, after all, is the main purposes of a prison sentence?

Not at all simple, but in this case I'm inclined to believe that the sentence is excessive and counterproductive. Had Richard been bright enough to understand that what he did wasn't an innocent prank I'd feel differently.
Sprite (USA)
"One has the impression that Richard was too intellectually limited to understand the consequences of his action" ?

I didn't get that impression at all.
P (Michigan)
I would argue that the three failed attempts to ignite the skirt would point to the logic in Richard's thinking that it would smolder and burn out. He was wrong, of course, but having witnessed three failed attempts, he had reason to think so.
Lindsay (Iowa)
I'm still unclear as to why those who ascribe "genderqueer" to themselves, but don't consider themselves transgender don't simply "take back" the gender label assigned based on their biological sex. Why not just say "I'm a man/woman and I determine what that means"? I suspect that in the future people will make fewer and fewer assumptions about individuals based on the male/female label, even now proceed people consider heterosexuality a "given" when they hear or read about a "he" or "she", so if there is no internal discord about one's anatomy wouldn't it be better to push everyone else to deal with their own judgmental hangups?
Ellen (Williamsburg)
If a person feels that they are agender, why should they have to accept a label of male or female if they don't feel that label encompasses their reality?
because it confuses you?
Isn't ones first responsibility to be true to oneself?
Francis (Brooklyn)
Think about it this way: would you encourage someone who feels deeply ill from chocolate but technically doesn't go into anaphylaxis to just keep trying chocolate? Yes, their throat won't close up and they won't die immediately, but it will ruin their day, potentially their lives if they are continually offered chocolate like there are no other options. Silly analogy, but it sort of feels like that except it's not an occasional dessert conversation it's a person's daily interactions with society, morning, noon, and night.

Why would a genderqueer person "take back" a gender label they don't identify with? A genderqueer person doesn't feel like a man or a woman as society defines that. Even as society continues to change the definitions of what a man or a woman signifies or can do, a genderqueer person will still feel at odds with those two distinctions for themself. Now, the choice for a genderqueer person could be to exclusively express their personality and selfhood completely privately, or like all social beings, that person might hope that other human beings might see them for who they know they are and respect how they feel about themself as well. The latter way is a lot less lonely, a more hopeful and gratifying way to live on this planet. So rather than hide themself from everyone and picking a gender for other's initial ease, they put themselves out there and suggest that the two biological sexes are constructs anyway and they forge another path.
CityBumpkin (Earth)
Why did Jamal get a pass? By providing the lighter and working out this "prank," he is an aider and abettor under California law. Aiders and abettors are liable for the same charges and punishments.
Siobhan (New York)
These poor people. What a bunch of tragedies--I hope all turns out well for everyone in this sad story.

And thanks for a beautifully written and thoughtful piece.
Jay (Florida)
Richard Thomas is going to pay a very steep price for his actions. I don't believe that a long prison sentence is going to right any wrong. I also don't think Richard will ever truly understand the pain and suffering he inflicted despite his letters. He's too young and too immature and I doubt his capacity for real empathy. The system will make an example of him. But, isn't that what he tried to do to Sasha? Make an example of him? Maybe Richard's sentence is justice.
Independent Texan (Dallas)
Life in prison and being tried as an adult is outrageous. This is political correctness gone mad. This was a kid who should have gotten in a lot of trouble but to effectively end his life at the age of 16??? This was no "heinous crime". It was a kid who did something stupid. I seriously doubt he thought the skirt would burn like that and there would be injury involved. It was a kids prank that went bad. This stinks of an ambitious prosecutor trying to make a name for himself at the expense of a kid's life. I think the real criminals in this story are the ones that are supposed to be enforcing the law.
CityBumpkin (Earth)
Lighting someone on fire, no matter how big they thought the fire was going to be, is quite a bit more than "boys will be boys." A 16 year old should know better.

The life sentence is not mandatory. It is a potential maximum. I don't support a life sentence, but this is a real crime not some game.
EaglesPDX (Portland)
Blaming the DA's actions on "political correctness" sounds like blaming the transgender victim. If only there weren't "those people" looking for "special status".

Those who blame "political correctness" typically are the ones who create ghettos for people like Richard (black man) and Sasha (transgender) and complain when both groups seek justice and equality.

The DA's motives are his own, likely a "law and order" guy running for re-electdion on the backs of people like Richard and Sasha, the very opposite of politically correct.
Stargazer (There)
In the law you are held to "intend" the natural and probable consequences of your action, as viewed from the standpoint of the reasonable person. This was not heinous? In my state it fits the definition, and then some. Perhaps the sentencing judge will find a basis for lenient treatment, and, if so, one must respect the court's decision. Trying to set the skirt on fire three times and succeeding on the fourth shows more intentionality to me than you maintain. Also, I think the prosecutor is a woman, from the article. If she makes a name for herself, that is because the voters choose to keep her.
Cilantro (Chicago)
Did Richard have the benefit of talking to a lawyer before he told the police about his animus for gay people? That wasn't clear from the story. I assume the police read him his Miranda rights, but you never know.
pkbormes (Brookline, MA)
Richard was clearly a kid acting stupidly. There was peer pressure involved. (Why was Jamal not arrested for aiding and abetting?)
Richard needs appropriate punishment, and more importantly, rehabilitation.
Time spent in adult prison is likely to expose him to very hardened criminals.
A punitive sentence served in an adult prison is likely to produce a gangster.
This is NOT what we or he needs.
Dan Stackhouse (NYC)
Gripping article, thanks. At the end I can't really tell who I pity more, Sasha or Richard. Sasha was badly hurt, and society is going to treat them worse than society treats most people, probably for the rest of their life. But Sasha will heal, and be able to go to college, get a good career going, and with luck have a fairly happy life.

Richard on the other hand made one colossally stupid mistake. I believe it really was inadvertent, that the momentary plan was to cause a fire the size of a quarter, not harming Sasha just scaring them. And now, Richard will serve 5 to 7 years in jail and have his life ruined, when it seems like it was in the process of being turned around. It's not going to be possible to get a college-grad level job after that long in prison. If he's lucky he'll get to drive a delivery truck or similar, and barely make enough money to survive on. And if he makes any other criminal mistakes, he'll be getting longer sentences due to this.

I think two problems were really highlighted here, the violence towards LGBT people, and the violence within the segregated African American communities. Segregation still exists, obviously, it's merely tacitly applied. They're both problems but I think the violence in the majority black areas of the country affects more people. When Richard grows up having teenage friends gunned down, what does that do to his worldview, and hope for the future?

No easy answers here but I hope we improve these issues.
mdieri (Boston)
Dan Stackhouse: I don't understand your equivalating the difficulties Sasha and Richard will face in life, and somehow coming up with the conclusion that Richard's are somehow more unjust. Sixteen is not too young to bear some responsibility for one's actions. Perhaps the entire community would be better served by accepting responsibility and consequences (such as from becoming pregnant at 14 or 15) than by concocting elaborate explanations.
Dan Stackhouse (NYC)
Dear Mdieri,
Actually I didn't intend to imply which difficulties were justice. Since you ask though, I'd say the pain Sasha went through was completely unjust and illogical, but that Sasha will survive and potentially thrive; this will be a passing thing. The ruination of Richard's life, nearly completely assured, has some justice to it and some reason, as punishment. But it seems like overkill to destroy his life when I believe he really intended a prank, not an immolation.

For another example, say I play a trick on my friend with a bucket of ice water on top of a propped-open door. He opens the door, the bucket falls, it catches him right in the temple, sends bone shards into his brain, and kills him on the spot. Then I go on trial for murder. So, would life in prison really be justified by a prank gone horribly wrong? Personally I don't think so.
Meta (California)
Mr. Thomas' incarceration will certainly create obstacles to education and employment but it does not mean that "it's not going to be possible to get a college-grad level job." If he chooses, he can earn a high school diploma and complete some college classes while incarcerated. After release, he could attend any of the California Community Colleges, or California State University campuses, none of which, in accord with state regulation, bar students on the basis of criminal backgrounds.
Scott Rose (Manhattan)
Anti-LGBTIQ bullies only care about the negative consequences of their bullying when the consequences are negative for them.
Mark (Boston, MA)
I'm not sure of the thoughts or tone behind your comment, given that as a reply to my comment it seems out of context. I definitely agree with your sentiment. My point was whether consequences, even in heinous crimes such as this, are being justly ascribed. Given that a 5-year sentence was offered, and that offer changed at the last minute, is that type of operation we want from our judicial system? What was the motivation?

I suggest that I think it's a matter of self-preservation on behalf of the DA, as seen in other parts of the judicial and law enforcement communities, particularly in the context of "tough-on-crime". I guess you are suggesting that they changed their mind at the last minute because of an ernest concern for the severity of the consequence? This may be true, but the timing seems strange to me, and the way it changed the potential trajectory of Richard's imprisonment (being tried as an adult), is pretty dramatic. Furthermore, I struggle to believe that imprisonment of this teenager for a longer interval will result in positive outcomes, for the LGBTIQ community or for him. I would suggest that alternative punishment could be issued to follow a 5-year imprisonment that would be more fruitful for everyone.

Lastly, the thing I am considering most: when a negative consequence goes too far, can it be negative for everyone? I guess yes. You guess no?
Mark (Boston, MA)
Scott- I was confused when looking through the comments as "reader's picks". In that view your comment immediately followed mine. No surprise your comment "seems out of context" to me! I definitely see your point making perfect sense in context. My bad.
Ben (Cascades, Oregon)
Richard Moore, abruptly changed the five-year sentence to seven years. No explanation was given in court. Take it or go to trial, Du Bois said he was told.

This is the good guys day in and day out, take it or leave it.
bill (Madison)
I wish Sasha could decide Richard's punishment.
W. Freen (New York City)
Why? What about the other millions of people in the US who are crime victims every year? Should they get to decide on their perpetrator's punishment, too? If we allow victims to decide punishment we're left with chaos.
Lindsay (Ecuador)
This is the perfect example of why we need restorative justice. Richard Thomas is now another young black man who is in the system, from which he will probably never escape. What good does that do for society? For him? His potential is squandered. Wouldn't volunteering in the LBGTQ community provide a chance for education and change? Wouldn't it empower Richard and help Sasha achieve the goal of spreading awareness about gender identity? #JusticeforRichardThomas
Charles (CA)
In a sense I agree, but I also wonder about whether people would feel the same way were the situation slightly different. For example, had a white boy set a black woman on fire because she was black, would we be saying that, rather than jail, he should be sentenced to volunteering at the NAACP? Again, these are hard questions; I'm not trying to be snarky.
Dave (Albuquerque, NM)
Why is anyone interested in "empowering" Richard Thomas? Justice for Richard Thomas? He lit someone on fire. Sounds like a dangerous lunatic.
SCA (Maryland)
Justice for Richard Thomas?!!? How about justice for the young girl who was brutally burned and tortured, suffering greatly throughout the process. Society at-large and the victim must also have their say for the sake of justice, public order and decency. I'm progressive on most criminal justice issues but this is not the time for restorative justice. As an educator, we employed a restorative justice model for youths who vandalized the building. This takes it to a whole different level.
wholecrush (Hannawa Falls)
It's stories like this that make me proud to be a paying reader. I'm happy I can support this kind of long-form journalism.

Thank you for following, writing and publishing this story.

I'll keep an eye out for a follow up, hoping for good news for both Sasha and Richard.
CNN (CA)
Quite right! had the very same thoughts/sentiment. Thanks for expressing it.
nn (montana)
Ahh....this is so terribly sad. All the recent research on adolescents and impulse control and poor executive functioning....all the history behind racial tension...all the pressure when society starts to change.... And here is a person who has been seriously injured and victimized, and another who has also been seriously emotionally injured and victimized. Some acts are so big, so aggressive, so damaging they must be addressed somehow. But we have yet to figure out how.
Andrea (DF)
I cried badly. Thank you for the history, very moving, very unfair. I know for experience that the worsts things that happen in our lifes are the ones that makes us better persons, if we let them.
I hope for everyone involve it turns this way.
Greg (Baltimore)
I get that you were trying to paint Jasmine Jackson as a sympathetic character, but describing her as deeply religious in the context of an attack on a sexual minority is a bit tone deaf. Deeply religious people are openly attempting to turn back legal protections for for people like the one her son is accused of attacking.
Rob (Brooklyn)
There is more than a subtle difference between one woman's deeply-held religious convictions and the amorphous "deeply religious people" you tar with a wide brush. While certain fundamentalists (of every religion) are agitating against equality and justice, it doesn't sound like Jasmine Jackson belongs in that particular group.
Chris (Maryland)
Some deeply religious people, yes. However that is not how Jasmine Jackson was described in the piece (which I wonder if you actually read). She's described as having internal faith--trusting God was good and would take care of her and her son. None of her actions as described here point to her trying to take away anyone's rights, instead she seems very sorry for her son's actions. I know, it is hard to see things other than in black and white, but you'll feel better once you do.
Sam (Astoria)
Religion can take many forms, and most of them by definition aren't extreme. Deeply religious people are also doing many good things in the world, and to assume that Ms. Jackson's religion (or anyone's) is against protecting people like Sasha is to use that religion as a cudgel.
atb (Chicago)
Sad. Tragic, even. All around. I also don't understand why Richard's friends were not implicated- or at least interviewed by the police.
Jessica (USA)
I have a question for the author or perhaps one of the publication's editors. Based on this parenthetical, it seems that the conventions set forth by the NY Times prohibit the use of certain terms:
"Sasha prefers “they,” “it” or the invented gender-neutral pronoun “xe.” The New York Times does not use these terms to refer to individuals."

If the individual who is the subject of a story (or even a single sentence) clearly expresses a personal pronoun preference, why ignore that? I am genuinely seeking an answer.
Lindsay (Iowa)
I would guess the paper has policies based on standardized English language conventions and that "xe" would be used if it were accepted formally, say by the MLA.
Greg (Baltimore)
I may have missed a sentence but Sasha was identified by name rather than personal pronoun when the Times was talking about Sasha. He is enclosed in quotation marks along with the rest of comments when another speaker is making the reference.

Newspapers and other publications use style guides to avoid ambiguous or unclear language.
Sara Tonin (Astoria NY)
The Times may yet - probably will down the line, hopefully sooner rather than later - come to some sort of guideline on gender-neutral pronouns. I think things are still too new and fluid for it to be set - that the community has yet to choose what will work best. Not "they/them" - that's plural and confusing, as is "it".

That being said, a paper is also under no obligation to refer to people however they want to be. This example isn't trivial, but they have rules for a reason.
Equilibrium (Los Angeles)
A very thoughtful and engaging story.

Richard should be held accountable for what he did as a 16 year old, but one has to wonder what the motivations of the DA were at times in the progression of the events of the story.

Can a 16 year old ever have the cognition and moral and ethical understanding of an adult? It does not seem that way in the real world.

The sentence seems marginally appropriate for the most part if it ends up being 5 years, but the reasoning by the DA that he is going to receive extra treatment while incarcerated it is a smokescreen for looking tough on crime and worrying about getting reelected.

The single greatest flaw of our justice system – whether part of the initial concept, or a twisted distortion – is the concept of vengeance or retribution. It never seems to serve a greater purpose.
Dilly (Hoboken NJ)
"The single greatest flaw of our justice system – whether part of the initial concept, or a twisted distortion – is the concept of vengeance or retribution. It never seems to serve a greater purpose."

Makes a lot of people rich, that's for sure. Guess which union spends the most money on lobbying in california. It's the corrections officers. Who knows how much those proson 'owners' spend lobbying for absurd laws that keep the jails overflowing...

Sad state we humans are in...
Sameer (San Jose, CA)
@Equilibrium: "Can a 16 year old ever have the cognition and moral and ethical understanding of an adult? It does not seem that way in the real world."

Good Question.

My answer: Even the vast majority of adults in America don't have the "cognition and moral and ethical understanding" that adults should have. Our is, largely a nation of simplistic "Child People" who love the moral certainties of a black and white worldview though they live in a world that ceased to be a black and white world a long, long time back. That is, if it ever was a black and white world to begin with.
Equilibrium (Los Angeles)
Sameer,

Sadly, I agree with much of what you say. Our culture is so individualistic and me me me, and simplistic in many ways to top it off. Contrast that with other cultures that are not so individualistic.

I would say that nothing has ever been black and white, and frankly I can't imagine that anything ever will be. I have always thought of things as a spectrum, where the blackest of black is really just the darkest of grey, and that the whitest of white is just the lightest of grey.
Margaret Coleman (Oakland, CA)
What Richard did was a crime. But the sentence, the deal offered, seems to be more about making an example of this young man, rather than applying the right consequence under the circumstances. Sasha was seriously injured. But the consequence here seems to cause more harm than is required by justice. I'd have liked for a balanced and restorative justice model to have been used to a greater extent here. This is a heartbreaking situation from every angle. It looks like Sasha is fully recovered, and I'm so pleased about that. Richard's actions were wrong and criminal. But he has learned from this and deserves to move beyond this and live a positive life. I wish him the very best in his effort to do so.
jonathan berger (philadelphia)
Friends - we are in a bad way in our country. The culture of violence is all around us and ready to explode at any moment.
Todd Fox (Earth)
He set someone on fire. What exactly do you think he has "learned" from the experience and its consequences? Would you think differently about the situation if he'd shot at Sasha or pulled a knife on her? Would that somehow be less depraved indifference in your eyes?
I don't think anyone ever "recovers" fully from being the victim of such a violent and hideous assault.
Robert E. Kilgore (Ithaca)
There is a certain abject stupidity about society's reaction to punishment. It's not about THIS TIME. It's a warning flag about the NEXT TIME such an urge transpires in a minimally sentient young (primarily) boy. He's figured out not to stick his finger into a light socket... chances are, with some publicity, he can figure out not to light other people on fire.

Grow up, folks. This is not politically correct rocket surgery. This is about keeping us alive and intact until we can establish a life. Worry more about the crop and less about the weeds.
Guy Walker (New York City)
Debbie, it means Sasha is part of a growing population who question predetermined roles. What I can't get my head wrapped around is how Americans so wildly embrace the post 2nd World War nuclear family unit, like it is some kind of terrific progression in history. I really don't think Americans consider how miniscule it's relevance is within the wake of history.
Josh Hill (New London)
Because, I think, it was the right family structure for the time. The extended family was practical at a time when most people were tribal or worked in agriculture. But in 20th century America, people became mobile and moved around the country to take advantage of job opportunities.

Regarding assigned gender roles, my initial reaction was where were all these transgender kids when I was growing up? And then I remembered all the friends and classmates who didn't fit the traditional binary gender roles. Easy answer: they were there all the time!
W. Freen (New York City)
Are you suggesting that my parents before WWII didn't have a nuclear family unit? Or that my grandparents in the Bronx during WWI didn't have a nuclear family unit? Or that my great-grandparents in Belarus didn't have a nuclear family unit? Or that my great-great-grandparents in Russia didn't have a nuclear family unit? Because that would come as a surprise to all of them.

Nuclear family units go back a long, long way before post WWII America. You can't reduce its relevance by rewriting the facts.
bec (Washington, D.C.)
What an incredibly sad story for everyone involved. I wish the best for Sasha and hope that Richard can overcome the tough path in front of him.
GeorgieBoy (Texas)
Sad story all around. The Assistant DA, Richard Moore is clearly incompetent and probably has his own sexual, racial issues that have to do with feelings of inadequacy in addressing the tide of crime in parts of Oakland. While Richard Thomas should have certainly been punished, treating him as an adult only guarantees that he will come out of jail worse off and a contributor to East Oakland's criminal sub culture.
Wine Country Dude (Napa Valley)
What does speculating about the psychological makeup of the DA add to the discussion? Answer: nothing.
Robert (Philadephia)
Since the DA did not contribute to the story, speculation about the DA is perfectly legitimate and is part of the entire issue. Why add two years to Thomas' sentence? Pressure from his superiors?