Teen who shot Village Pantry clerk gets 35-year sentence

INDIANAPOLIS (WISH) - Brandon Payton sat in the courtroom, showing no emotion. The 16-year-old sat in jail garb as he waited wait to hear his sentence Friday.

The judge sentenced Payton to 35 years in prison for shooting Marcella “Marcy” Birnell in the head during a botched robbery at the Village Pantry at 86th Street and Ditch Road.

Teen apologizes to family

“I want to say to the victim and the victim’s family, I’m sorry,” Payton said as he stood before the courtroom just before he received his sentence.

Payton agreed to a plea deal that included him admitting guilt to attempted robbery, a Class A felony, and robbery a Class B felony.

The sentence hearing lasted about 45 minutes Friday. After it wrapped up we asked Birnell’s relatives for their reaction to the sentence.

“I think this is a tragedy for both families. It has affected both families on a great level,” said Birnell’s brother-in-law Perry Tole.

Security concerns remain

Birnell’s relatives and others have been on a mission to improve security at late-night convenience stores. This comes after several other Village Pantry workers were shot by gunmen or even killed.

“Lawmakers need to step in and protect these people,” Tole said as he talked about store workers working the late shift by themselves.

Those concerned about safety at late-night stores held hearings with Department of Labor and state lawmakers. The goal was to develop uniform rules at the stores, such as ensuring that two workers work the late shift together, that bullet proof glass be placed around checkout counters, that more surveillance cameras be installed.

During the sentencing Friday, though, the Department of Labor released a statement saying it has reached an agreement with Indiana Petroleum Marketers and Convenience Store Association to increase educational and compliance management at late night retail. The statement did not make mention of developing any long-term security measures.

“It’s another attempt to kick the can down the road and put something into action,” said Birnell’s family friend Theresia Whitfield. “They are resistant to make changes.”