The pre-sentence investigation (PSI)
Ninham and the other four juveniles never checked on Vang’s condition and instead ran from the scene. Still, the Green Bay Police Department was able to focus its investigation on the five juveniles after some of them, in particular, Jeffrey P. and Amanda G., indicated to relatives and police that they knew who was responsible for Vang’s death. In his statement to police, Jeffrey P. described how Ninham stood for several seconds looking over the edge of the wall at Vang below. Ninham then looked at Jeffrey P. and said, “Don’t say nothing. Better not say shit.”
The pre-sentence investigation (PSI) revealed that “Ninham emanates from an extremely dysfunctional family structure,” in which both of his parents and several of his siblings engage in severe substance abuse and domestic violence. The PSI described Ninham as a “serious substance abuser” who snorted cocaine on a weekly basis and, since grade school, drank alcohol every day, often alone, and usually to the point of unconsciousness. The PSI also revealed that Ninham, a member of the Menominee Indian Tribe, claimed to have a newfound interest in Native American spirituality.
In addition, the PSI described the Vang family as devastated by the loss of their son and brother. Vang’s parents indicated that they fled Laos and Thailand because they believed that the United States would be a safer and more prosperous country to raise their children; however, according to the Yangs, they fled evil only to discover it in a different place. Vang’s parents further expressed that they had lost faith in the basic goodness of people and that their remaining children are fearful of leaving the safety of their home.
Relevant to this case, at the sentencing hearing, Vang’s brother, Seng Say Vang (Seng Say), gave a statement on behalf of Vang’s family and friends. Seng Say asked the circuit court to impose on Ninham the maximum sentence of life imprisonment without parole …. Seng Say then articulated to the circuit court a belief held by his family’s Hmong culture: In our Hmong culture we believe that the spirit of a murdered person cannot be set free to go in peace until the perpetrators be brought to justice. Therefore, we ask the Court, who is the only one to have the power to set free the spirit of our beloved son, brother, and friend, Zong, to go in peace by bringing Omer Ninham and his accomplices to justice.
Ninham also spoke at sentencing. He told the circuit court that he was sorry about Vang’s death, but “there wasn’t nothing I could do. I wasn’t there. I’m going to keep saying that until the day I die. I was not there, and that’s the honest truth.”
In imposing Ninham’s sentence, the circuit court considered three primary factors: the gravity of the offense, the character of the offender, and the need to protect the public. First, the circuit court regarded the gravity of the offense as “beyond description” and indisputably “horrific.” The circuit court noted that the offense has had an indescribable impact on Vang’s family and friends and on the Green Bay community. Second, concerning the character of the offender, the circuit court “conceded for the sake of discussion that Omer Ninham is a child” but nevertheless described Ninham as “a frightening young man.” The circuit court acknowledged that Ninham derives from a dysfunctional family but refused to let that excuse Ninham’s conduct, explaining that Ninham is “a child of the street who knew what he was doing …. ” Third, the circuit court reasoned that the community needs to be protected from Ninham: “Society needs to know, and especially this community needs to know, that you can send your child to the grocery store and expect to see him again.”