Village Pantry victim makes first public appearance at shooter's sentencing

The now 16-year-old boy who shot a Village Pantry employee was sentenced to 35 years in prison Friday.

As part of a plea deal, Brandon Payton was convicted of attempted robbery for the October 2011 incident at the Village Pantry at 86th Street and Ditch Road. Payton admitted he shot clerk Marcy Birnell in the head in that attempt. He also pleaded guilty to robbery of the same Village Pantry from a year prior.

Birnell was critically injured in the crime. A portion of her skull had to be removed and she has undergone months of rehabilitation. She made her first public appearance at the sentencing hearing.

"We know that she is angry that this took place and of all that has happened to her and she is angry at this young man," said Perry Tole, Birnell's brother-in-law. "At the same time she hopes somewhere along the line he changes, because we do not see any signs of change right now. He seems to be that same hardened character he has been all along."

Payton surprised the entire courtroom with his lack of remorse over what his actions did and are still doing to Marcy and her family.  Marion County Deputy Prosecutor Denise Robinson said one thing kept Payton from going away for a longer period of time: his age.

"In the juvenile system he might have served months, this was, as I said in court, a compromise and that is something we had to do," said Robinson.

Tole said the sentence isn't enough.

"He has a long history of doing this type of thing. He has held the same store up before at gun point and he has been doing this from a very young age. He has an extensive wrap sheet," said Tole.

Birnell's family said they are working with lawmakers and Village Pantry officials to make the workplace safer for people like Marcy.

"We should not have to legislate care by an employer," said Theresia Whitfield, family spokeswoman.  "We should know that we can go to work and be safe while we are at work.  The same is true for these convenience store clerks, but if they do not want to insure that then I guess we have to push for legislation."

With good behavior, Payton could be released in just 20 years.