20-40 yrs. for 'mooning' murder
Teen beat, stabbed man who dropped his pants after being called a bum
As senseless murders go, Martin Malone's was preposterous.
He was killed not for money or for love; not out of hatred or vengeance.
He was killed for the "moon."
Malone, 47, who lived with his sister in Clifton Heights and rummaged through garbage to find items to resell, was being taunted by two young men on March 24, 2006, when he decided to answer their cries of "bum" by pulling his pants down and mooning them.
That one action led to an inexplicable fury from the young men, who beat and stabbed Malone to death.
Yesterday in Delaware County Court, Andre Mark, 19, of Clifton Heights, one of the two men found guilty of Malone's murder, was sentenced to 20-to-40 years in state prison.
A jury found him guilty of third-degree murder in March.
His co-defendant, Christopher McEneaney, 17, of Primos, was found the more culpable of the two, having delivered the eight stab wounds that eventually led to Malone's death. He was found guilty May 7 of first-degree murder and was sentenced to life in prison without parole.
After throwing rocks at Malone and continuing their verbal taunts, the boys chased him to a ballpark behind St. Eugene's Catholic Church and school.
There, they beat him - with their fists and a shovel. Although the eight stab wounds were inflicted by McEneaney, Assistant District Attorney William Davis said Mark had initiated the beating.
After it was over, Mark hid a shovel used in the crime and spread the contents of Malone's bookbag across the field.
"How terrible Marty's final moments must have been," Kevin Brown, a longtime family friend, said yesterday. "Slowly drowning in his own blood . . . as the cold swept over his body."
Brown said that although a jury found Mark less responsible than McEneaney, he believes that Malone's blood is "equally" on Mark's hands.
"I can't think of an animal who would do something like that," Brown said.
"All of this you did for nothing."
Malone's sister, Isabel-Lee, said she believes that Mark can reclaim his soul, even if her brother can't reclaim his life.
"You have many people who still love and hope and dream for you," she said.
"We've been waiting for this day to say to your family 'We understand you too are in pain.' "
Mark's father asked Malone's family to "accept our deepest apologies."
"I really taught my son about the value of life, and I thought he understood," he said.
"I want you to understand we did all we could."
Mark, a baby-faced teenager, rambled off several incantations of an apology, including, "I didn't want him . . . to die like that" and "I'm sorry for my involvement" and "I want to show you I'm sincere."
According to Davis, Mark's juvenile criminal history consisted of setting cars on fire, trying to set cars on fire and burglarizing cars and homes.
Common Pleas Judge Patricia Jenkins said the main difference between Mark and McEneaney is that Mark had the support of his family and society, yet he was still "unable to fulfill his potential."
"He's had the benefit of a lot of people . . . all without success," she said. *