PHILADELPHIA (KYW Newsradio) — A man who admitted to killing a 7-year-old boy during a West Philly shootout was sentenced Wednesday morning to up to a dozen years behind bars. But the judge acknowledged that, while the defendant’s bullet killed the child, he acted in self-defense, albeit hastily.
Michael Banks, 34, pleaded guilty on Jan. 27, 2023 to voluntary manslaughter charges in connection with the death of 7-year-old Zamar Jones. At his sentencing hearing, he cried but refused tissues as the courtroom watched video of the Aug. 1, 2020 incident. In the video, a man stretches his arm out of the driver’s side window of a moving pickup truck and fires a gun at Banks near North Simpson and Vine streets.
The gunshot missed Banks. That’s when he and another man, Damar Jones (no relation to the young victim), returned fire, aiming at the driver, Christopher Linder. However, one of Banks’ bullets missed and struck Zamar in the head, killing the boy.
Banks’ mother emotionally addressed the court, saying their family knows the pain of losing a young relative after her teenage grandson was killed on his way to play basketball.
Through tears, Banks, a father himself, said he carried a gun because he was shot in the face at age 16 and feared for his life. He told the court he sometimes wished the intended bullet did hit him, so he never would have had the chance to pull the trigger.
Banks also pleaded guilty in 2023 to attempted murder of Linder, reckless endangerment and gun charges.
Even though Banks fired the lethal shot, Judge Rosemarie Defino said the man who set everything in motion was Linder, the driver of the truck, and that Banks was defending himself. Still, a young life was lost, so the judge sentenced Banks to 6-12 years behind bars.
Linder was sentenced to 25-50 years in this case, while Damar Jones was sentenced to 3-6 years for his role in the shooting.