IN THE YMCA YOUTH SUPREME COURT
OF THE STATE OF YMCA
STATE OF YMCA,
Plaintiff-Respondent,
CASE NO. 2017-04
vs.
AVID Q. FANN,
Defendant-Appellant.
FACTS
Avid Q. Fann (“Fann”) is an 18 year old, recent graduate of Southeast High School (“SHS”).
Fann did not participate in sports while attending SHS because of his low grade point average and
his clumsy nature, but he was a loyal supporter of his school’s sports programs. Since his
graduation, Fann has attended every SHS basketball game, both home and away games.
SHS’s basketball team was having an exceptionally good year and was expected to win the
YMCA State championship. Despite SHS’s winning season, the team had consistently lost
throughout the season to Southwest High School (“Southwest”). Fann felt personally threatened by
Southwest’s team and believed that the Southwest team could jeopardize SHS’s chances at the
State title. Fann decided that something had to be done. Fann concluded that if he stopped the
Southwest team from showing-up at the State tournament, the team would not be able to defeat SHS.
Then, according to Fann, SHS would win the State championship without any problem.
When it came time for the State championship tournament, both SHS’s and Southwest’s
basketball teams had made it to the tournament playoffs. About a week before the tournaments,
Fann began harassing, tormenting and threatening the players of Southwest’s team. The day before
the tournament, the Southwest team was loading the bus to travel to the tournament when Fann
showed up and began taunting and threatening the team. The team laughed at Fann and continued
preparing for their departure. The bus then took off towards the town where the championship
games were to be played. Fann was furious that the team did not take him seriously.
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Fann raced ahead of the bus and set up a roadblock. Fann, who was armed with a
semi-automatic rifle, stopped the bus and hijacked the busload of players. Fann commandeered the
bus to a desolate location and detained the players until the tournament was over. After the
championship matches had concluded, Fann, feeling satisfied that he had accomplished his goal,
released the Southwest players. Unfortunately for Fann, SHS lost in the first round of games and
Fann was subsequently arrested.
Upon Fann’s arrest, he was tried on charges of kidnapping in the second degree. The jury
returned a verdict finding Fann guilty of kidnapping charges. Fann was sentenced to twenty-five
(25) years of incarceration for his crimes.
YMCA Code § 18-450(2) provides that kidnapping in the second degree is punishable by
imprisonment in the State prison for not less than one (1) nor more than twenty-five (25) years.
In determining the sentence to be imposed in a criminal case, the trial court is to consider the goals of
imposing a sentence in a criminal proceeding: (1) the protection of society; (2) deterrence to the
defendant and others; (3) the possibility of rehabilitation; and (4) punishment or retribution.
State v. Chapman, 121 Idaho 1011, 1013, 739 P.2d 310, 313 (1987).
In rendering its decision, the trial court noted that this was Fann’s first felony conviction
involving violence. However, the court placed more weight upon the fact that Fann had an
established criminal record, including theft and assault. The trial court recognized that the sentence
was lengthy and that Fann is only 18 years of age, but the court concluded that society needed
protection from Fann’s tendency toward violent behavior. The court further held that Fann had no
potential for recovery from his violent tendencies and that, since a firearm was involved in this case,
deterrence is a factor. Therefore, the trial court concluded that Fann should be incarcerated for a
period of twenty-five (25) years for disrupting the State basketball tournaments and for denying
Southwest its “well-earned championship trophy.”
Fann appealed his sentence to this Court.
ISSUE ON APPEAL
Although the burden is on Fann to prove that the sentence is unreasonable, Fann argues that
the trial court abused its discretion in imposing an excessive and unreasonable sentence of
twenty-five (25) years, considering the facts and the circumstances of the case. The State of YMCA
argues the sentence was proper.
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