Author Topic: Prosecutors seek waiver to charge boy, 15, with murder  (Read 16763 times)

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #25 on: December 05, 2011, 10:22:30 PM »
Still No Plea Deal for 12-Year-Old Murder Suspect Cristian Fernandez in Florida
By Phil Keating
Published December 05, 2011
FoxNews.com

It seems likely that 12-year-old murder suspect Cristian Fernandez will not be offered a plea deal.

This means the boy, if convicted, could be in prison for the rest of his life.

On Monday, a judge in Jacksonville, Fla., set February 27, 2012, as the trial date for the youngest person ever to be charged as an adult with first-degree murder in that city.

Fernandez is accused of pushing his 2-year-old brother David so violently into a bookshelf that the youngster never woke up and could not be saved by the time he got to the hospital.

The prosecutor had offered a plea deal several weeks ago. Under that deal, the boy would have to admit to murder. Then, when he turns 21, he could be set free.

But for Fernandez’ defense team, that deal is unacceptable for two reasons: it would mean their client would have to admit to murder, and that it's possible Fernandez would have to spend the final three years of that sentence in an adult prison. The defense had been hopeful that the state attorney would come back with a new plea deal offer, but that has not happened.

Fernandez’ mother, who was 12 years old when she became pregnant with Cristian, is also being held in prison without bond. She’s charged with aggravated manslaughter of a child, culpable negligence, because an investigation by police of her laptop shows a Google search for “when some (sic) gets knocked out” at 10:54 a.m. Then “concussions on children” at 2:38 p.m.

Those searches were followed by activity checking the family bank account, downloading of music, and then, finally, at 3:07 p.m., the first search for the location of “St. Luke’s Hospital, Jacksonville, Florida.”

A doctor at the time told detectives that had the 2-year-old been rushed to the hospital immediately, he could have been saved.

The evidence -- not all of which is open to the public -- was weighed by a grand jury, which determined 12-year-old Fernandez should be tried as an adult.

Also in court today, the boy’s defense attorneys made a brand new motion to have the judge dismiss the entire felony murder case, saying the conditions of these charges is not applicable.

Both Cristian Fernandez and his mother, Biannela Susana, remain held without bond.

Prosecutor Angela Corey previously told Fox News “Yes, I have compassion for Cristian Fernandez , but it's not my job to forgive, it's my job to follow the law.”

As for the mother, two of her four children are now in Florida foster care. One is dead and the other goes on trial for first-degree murder less than two months from now.

http://www.foxnews.com/us/2011/12/05/still-no-plea-deal-for-12-year-old-murder-suspect-in-florida/?test=latestnews

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #26 on: January 14, 2012, 11:09:05 AM »
15-year-old Maryland boy sentenced 85 years for killing teacher
Published January 14, 2012
FoxNews.com


Brian Lee Wonsom, 15, pleaded guilty to murder in the death of a teacher at a youth detention facility in Maryland’s Prince George’s County.

A 15-year-old was sentenced to 85 years in prison for killing and sexually assaulting his teacher at a Maryland youth facility, MyFoxDC reported.

Brian Wonsom pleaded guilty on Friday to killing his teacher Hannah Wheeling with a cinder block when he was 13.

"It's a tremendous tragedy," Prince George's County State's Attorney Angela Alsobrooks said. "And there’s no answer for why a 13-year-old boy is capable, would be capable, of killing and raping in the manner that he did, but we are now satisfied that we have removed the threat from our community. It is sad on so many levels.”


Teacher, Hannah Wheeling was found murdered at a Maryland Youth Facility.

Court records show that Wonsom also pleaded guilty to a second violent attack that originally was not made public.

Wonsom was being held at Cheltenham Youth Facility, which serves youth awaiting trial or court disposition, after his mother found stolen items in his possession.

Wheeling’s bloody body was found outside a cottage on February 18, 2010. Additional evidence, including a bloody sweatshirt with matching DNA to the victim, was found by state police investigators under a stairwell. The name inside the sweatshirt read “Brian Wonsom, ” the report said.

DNA matching Wonsom was found on a lanyard that was used in the attack.

Prosecutors believe Wonsom is a sociopath who would need decades of intensive therapy before anyone would think it was prudent to allow him to walk the streets again, the report said.

In court Friday, prosecutors showed evidence of the teen trying to kill another woman before attacking his teacher at the facility in 2010. The boy is also a prime suspect in an attempted murder case.

Prosecutors say the 13-year-old entered a woman's apartment through an unlocked sliding glass door and stabbed her several times before she screamed and he ran off. Investigators connected Wonsom to the crime through fingerprints found on a knife, MyFoxDC reported.

Prosecutors say doctors who examined the teen found him to be sane, but wicked.

"Oh yeah, completely without being mentally ill,” Prosecutor Wes Adams said. "He exhibited no remorse, childhood onset anti-social personality disorder. That's not criminally insane, that's dangerous.”

Why he chose to attack Wheeling is still unclear.

Since there is parole in Maryland, Wonsom will be eligible to apply in his mid-to-late 50s.

Click here to read more on this story from MyFoxDC.

http://www.foxnews.com/us/2012/01/14/15-year-old-maryland-boy-sentenced-85-years-for-killing-teacher/

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #27 on: June 25, 2012, 09:51:13 AM »
Supreme Court: No more life without parole for juveniles
Published June 25, 2012
Associated Press

The Supreme Court says it's unconstitutional to sentence juveniles to life in prison without parole for murder.

The high court on Monday threw out Americans' ability to send children to prison for the rest of their lives with no chance of ever getting out.

The 5-4 decision is in line with others the court has made, including ruling out the death penalty for juveniles and life without parole for young people whose crimes did not involve killing.

The decision came in the robbery and murder cases of Evan Miller and Kuntrell Jackson, who were 14 when they were convicted.
Miller was convicted of killing a man in Alabama. Jackson was convicted of being an accomplice in an Arkansas robbery that ended in murder.

http://www.foxnews.com/politics/2012/06/25/supreme-court-no-more-life-without-parole-for-juveniles/

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #28 on: November 21, 2013, 05:27:03 PM »
Horrific crime.  Went to Wendys and a movie after killing her. 

Massachusetts teen accused of killing teacher indicted on murder, other charges
By Ray Sanchez, CNN
updated 8:17 PM EST, Thu November 21, 2013
 
(CNN) -- A Massachusetts grand jury Thursday indicted 14-year-old Philip Chism on charges of murder, aggravated rape and armed robbery in connection with last month's slaying of his algebra teacher, according to the Essex district attorney.

Citing Massachusetts law, prosecutors said they would ask that Chism be tried in an adult court.

"The indictments ... detail horrific and unspeakable acts," District Attorney Jonathan Blodgett said in a statement.

In a statement, the Ritzer family said: "We are devastated and heartbroken by the details of the horrific circumstances surrounding the death of our beautiful daughter and sister, Colleen."

Chism allegedly killed Colleen Ritzer, 24, on October 22 in the girl's bathroom of Danvers High School with a box cutter he brought to school, a source close to the investigation told CNN. Ritzer went to a regular girls bathroom on the second floor when someone was using the locked faculty bathroom.

Chism allegedly followed her in, according to the source. Ritzer was punched a few times before being killed with a box cutter, officials said.
Her body went into a recycling bin, then outside the school where it was tossed, the source said. Authorities eventually found a bin that apparently had been thrown off an embankment some 100 feet away from Ritzer's body.

After changing his clothes, Chism went to a Wendy's restaurant and a movie, according to the source.

Denise Regan, Chism's public defender, declined comment.

The armed robbery indictment alleges that Chism, armed with a box cutter, robbed Ritzer of credits cards, an iPhone and her underwear. The aggravated rape indictment alleges that he sexually assaulted her with an object.

Under the aggravated rape and armed robbery indictments, Chism was charged as a youthful offender, but prosecutors said they will move to join those charges with the murder case in Superior Court.

"This is the first step in a long process to secure justice for Ms. Ritzer and her family," Blodgett said.

A week after the slaying, about 400 Danvers High School students were among the estimated 1,000 people who gathered to pay final respects at the church where the family of popular math teacher worshiped.

Documents filed in a Tennessee court 12 years ago may shed light on Chism's past. The court papers showed that Chism's father agreed during a separation from his mother to have restricted time with his son, who was then 2, because of "prior physical and emotional abuse as well as alcohol abuse." The documents said the parents were attempting to reconcile.

Chism's uncle, Terrence Chism Blaine, told CNN in the days after the crime that the boy's parents are now separated and that the father -- a former military man -- now lives in Florida.

The suspect's mother, Diana Chism, last month released a statement through her son's attorney saying her "heart is broken for the Ritzer family and the loss of their daughter and sister Colleen Ritzer."

"Her son was born in love and is dear to her, very dear," the statement said.

http://www.cnn.com/2013/11/21/justice/massachusetts-danvers-school-killing-indictment/index.html?hpt=hp_t1

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #29 on: November 21, 2013, 05:37:02 PM »
I used to teach middle school... I can tell ya, there are some 12 year old that ARE the most evil, murderous SOB's you would never want to meet.   No, they're not capable of adult intellect... but they are at least as dangerous, and possibly more, BECAUSE they aren't worried about jail.

This whole "he's only 140 pounds, he's a victim too..."   Sorry, he's a stone killer, and he's lucky to be living in an era where at least he only has to contend with 20 years of prison.  Try that shit back in the 1500s, it'd be the guillotine at 12 years old.

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #30 on: March 17, 2014, 07:22:26 PM »
Interesting case.  I don't remember this one.  Charged as an adult at age nine?   :o

25 years ago, Pennsylvania boy Cameron Kocher shot and killed neighbor girl after losing to her in Nintendo game
Kocher gunned down little Jessica Carr with rifle as she rode snowmobile in rural Poconos town of Kresgeville, Pa. He was spared jail because of his age and made no further headlines since brutal 1989 slaying.
BY DAVID J. KRAJICEK / NEW YORK DAILY NEWS
SUNDAY, MARCH 16, 2014

The case of Cameron Kocher (center) sparked fierce debate on whether he should be tried as adult for killing of little Jessica Carr.
A Nintendo butt-whuppin’ ruined Cameron Kocher’s day off.

The 9-year-old fourth-grader got a snow day on a March Monday 25 years ago in his rural Poconos hometown of Kresgeville, Pa.

When his parents left for work that morning, Kocher went next door on Hideaway Hill Road to the home of Richard and Trudy Ratti, where kids from the neighborhood had gathered.

A first-grader, Jessica Carr, 7, challenged Kocher to a bout of “Spy Hunter,” a video game in which players spray enemies with machine guns mounted on a speeding car.

Kocher must have thought he had an advantage. He was older, and he knew his way around guns.

His father, Keith, was a hunter and, like many country kids, the boy had been introduced to firearms. He favored camouflage clothing, and some called him Little Rambo.

But the younger girl was good at the game, and Kocher got mad when she beat him.

He was still steamed early that afternoon when Trudy Ratti ran the kids outside to play in the snow. Some of them jumped on the family’s snowmobile, but Kocher stomped home.

Alone there, he went to the second-floor master bedroom, retrieved a hidden key and unlocked his father’s gun cabinet, lined with 10 firearms. He removed a .35-caliber Marlin rifle, found the proper ammo in a separate locked drawer, and loaded a cartridge into the chamber.

Kocher opened a window, removed the screen and leveled the rifle on the noisy snowmobile moving slowly across the Ratti yard, 100 yards away. He found his target in the scope and squeezed off a shot.

The boy replaced the window screen, returned the rifle to the cabinet, and put the shell casing back in the ammo box.

A few minutes later, Richard Ratti phoned and ordered young Kocher to return to his house. Little Jessica Carr had been shot while riding on the back of the snowmobile, Ratti said, and they feared a sniper was loose in the area.

He was worried about Kocher’s safety.

The Ratti home was a scene of emotional bedlam, with kids wailing and praying over their friend, who lay dying in the living room. As Kocher walked past, he calmly said, “If you don’t think about it, you won’t be sad.” He sat down and played a video game by himself.

Later that afternoon, a state police trooper noticed a halfmoon-shaped cut on Kocher’s forehead — a wound from the recoil of the rifle scope, it turned out.

Investigators found the boy’s blood on the rifle and near the bedroom window redoubt. Two days after the shooting, the Allentown Morning Call announced to the world the latest American crime outrage: “9-Year-Old Arrested in Killing.”

No one so young had ever been charged as an adult with murder, and the case prompted national skull sessions about judicious punishment for kids who commit vile acts — and about justice for their victims.

As legal adversaries debated whether Kocher should be treated as a boy or a man, the sympathy scale seemed to tip toward the shooter and his parents.

Richard Ratti, whose 13-year-old daughter was on the snowmobile with Jessica Carr, said the pity was misplaced.

“You can’t feel as bad for the Kochers as you should for the Carrs,” he told a reporter.

http://www.nydailynews.com/news/justice-story/boy-kills-neighbor-girl-nintendo-game-article-1.1723189#ixzz2wHELYQgC

RRKore

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #31 on: March 17, 2014, 07:56:35 PM »
...
But some of these crimes are so serious that it's hard to conclude the kid didn't completely appreciate what he or she was doing. 

No offense intended but I don't think that makes sense. I think the opposite is more likely;  Some of these crimes are so serious that it's hard to conclude that a kid COULD completely appreciate what he (or she) had done.

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #32 on: March 17, 2014, 07:58:55 PM »
No offense intended but I don't think that makes sense. I think the opposite is more likely;  Some of these crimes are so serious that it's hard to conclude that a kid COULD completely appreciate what he (or she) had done.

The level of seriousness includes the amount of planning and the specific nature of the crime, which = sophistication, which = the kid having a greater appreciation of his or her conduct. 

RRKore

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #33 on: March 17, 2014, 08:19:30 PM »
Nah, I'll bet this woman is not really quite as dead as if she'd been strangled by a 30 year old.

Let the kid go. The womans family should understand.

LOL.  Sarcasm can be powerful.  I like it.

RRKore

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #34 on: March 17, 2014, 08:31:34 PM »
The level of seriousness includes the amount of planning and the specific nature of the crime, which = sophistication, which = the kid having a greater appreciation of his or her conduct. 

Still seems wrong to me; Being mentally ill can easily mean not having complete appreciation for one's criminal conduct but wouldn't seem to preclude one from being able to plan a crime.  The greater the crime, the less likely the appreciation, if you ask me.  It sure doesn't seem like many of these kinds of kids thought too much about possible consequences nor did they plan so well that they almost got away with it.

StreetSoldier4U

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #35 on: March 17, 2014, 08:31:53 PM »
A person who commits a crime of this severity is not normal and will most likely never be a functional member of society.

RRKore

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #36 on: March 17, 2014, 08:36:02 PM »
A person who commits a crime of this severity is not normal and will most likely never be a functional member of society.

Word. 

That scary looking 15-year old black kid needs a Cus D'amato in his life...about 5 years ago, probably.

StreetSoldier4U

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #37 on: March 17, 2014, 08:38:33 PM »
Word. 

That scary looking 15-year old black kid needs a Cus D'amato in his life...about 5 years ago, probably.

sociopaths can never be cured, ever.

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #38 on: March 17, 2014, 08:38:49 PM »
Still seems wrong to me; Being mentally ill can easily mean not having complete appreciation for one's criminal conduct but wouldn't seem to preclude one from being able to plan a crime.  The greater the crime, the less likely the appreciation, if you ask me.  It sure doesn't seem like many of these kinds of kids thought too much about possible consequences nor did they plan so well that they almost got away with it.

Depends on the mental illness.  

I do not like the idea of treating kids like adults, but was only making a point about the level of sophistication.  

StreetSoldier4U

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #39 on: March 17, 2014, 08:44:49 PM »
Depends on the mental illness. Let's  do not like the idea of treating kids like adults, but was only making a point about the level of sophistication.  

premeditation and concealment are a good indication a perpetrator is in possession of enough of his faculties to be held responsible for his crime.  Let's not mistake a person who is a sloppy criminal for one who is not aware of the severity of the crime committed.

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #40 on: March 17, 2014, 08:46:49 PM »
premeditation and concealment are a good indication a perpetrator is in possession of enough of his faculties to be held responsible for his crime.  Let's not mistake a person who is a sloppy criminal for one who is not aware of the severity of the crime committed.

True, it is a good indicator.  The problem is where we draw the line between adults and kids.  I think 9 is too young, even though that kid knew exactly what he was doing when he loaded the shotgun and took the girl out like a sniper.  Cannot see treating a kid that young like an adult. 

RRKore

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #41 on: March 17, 2014, 08:47:48 PM »
Depends on the mental illness.  

I do not like the idea of treating kids like adults, but was only making a point about the level of sophistication.  

Fair point, then, I think.  

The more sophisticated they are the better they'd probably be at acting sane enough to be let out earlier than they should be at some point down the road.  That's how it plays out on Dexter, anyway, lol.

StreetSoldier4U

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #42 on: March 17, 2014, 08:51:14 PM »
True, it is a good indicator.  The problem is where we draw the line between adults and kids.  I think 9 is too young, even though that kid knew exactly what he was doing when he loaded the shotgun and took the girl out like a sniper.  Cannot see treating a kid that young like an adult. 

I don't even know if it's possible to treat them.  Its a wiring problem. Keeping them away from society might be the only way to insure they don't hurt anyone.

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #43 on: March 17, 2014, 08:57:36 PM »
I don't even know if it's possible to treat them.  Its a wiring problem. Keeping them away from society might be the only way to insure they don't hurt anyone.

If you're talking about a true sociopath, you might be right.  Although I don't really know if it's possible to tell when they're so young.  Very difficult cases. 

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #44 on: August 13, 2014, 11:41:14 AM »
Boy Accused in Fatal Stabbing to Have Mental Exam
GRAND RAPIDS, Mich. — Aug 11, 2014
Associated Press

A judge on Monday ordered a mental competency exam for a 12-year-old boy charged with murder in the stabbing of a 9-year-old boy at a western Michigan playground.

It happened at a hearing in Kent County Family Court. Defense lawyer Charles Boekeloo told Judge G. Patrick Hillary that his client was waiving his right to a probable cause hearing, clearing the way for a trial.

Authorities say the 12-year-old confessed to stabbing Michael Connor Verkerke on Aug. 4 in Kentwood, near Grand Rapids.

The Associated Press isn't naming the 12-year-old because of his age. He's designated as an adult in the juvenile court system, meaning he'd be sentenced as a juvenile if convicted and then resentenced as an adult once he turns 21.

Michael's funeral is 11:30 a.m. Wednesday at Cornerstone Church in Caledonia Township.

State mental health experts will examine the 12-year-old and report on whether they believe he is mentally competent to stand trial. That is expected to bring a delay of several months.

"There is nothing typical about this case," Boekeloo told The Grand Rapids Press.

Witnesses told investigators that four children were playing when one of them pulled a knife and stabbed Michael in the back.

The 12-year-old told an ambulance crew he had been planning the incident for a year and wanted to take someone with him when he killed himself, police told the newspaper.

The boy then left the playground and approached a man at a nearby house to call 911. Witnesses said the boy presented his wrists to be cuffed when police arrived and said he wanted to die.

"Arrest me," the 12-year-old said to officers, putting his hands above his head, according to a Kentwood police report. "I want to die. I'm tired of life."

http://abcnews.go.com/US/wireStory/judge-orders-mental-exam-murder-suspect-12-24938194

LurkerNoMore

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #45 on: August 13, 2014, 01:05:52 PM »
Some kids can't be cured or rehabilitated.  Is it really humane to keep them on death row and locked up all their lives (50+) years?  Hard to say.  But all you got to do is look at the Lionel Tate case and see how incarceration doesn't deter them from criminal acts again when they are released.

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #46 on: October 14, 2014, 10:55:51 AM »
Way too young IMO.

Pennsylvania boy, 10, charged as adult in killing of 90-year-old woman
Published October 14, 2014
FoxNews.com

A 10-year-old Pennsylvania boy was charged as an adult Monday night in the beating death of a 90-year-old woman who was being taken care of by the boy’s grandfather, The Pocono Record reported.

The boy, who was not identified in the report, detailed the alleged attack to a state trooper. He reportedly said he held a cane to Helen Novak's throat and punched her numerous times, according to the affidavit.  An autopsy performed on the body confirmed that the woman suffered blunt-force trauma around her neck and her death was ruled a homicide.

The report said that the boy was visiting his grandfather Saturday who lives in Honesdale, which is just outside Scranton. His grandfather had reportedly cared for the woman. The boy's mother told police that her son told her he went into the woman's room and she yelled at him, the paper reported, citing a district attorney press release. The boy reportedly told his mom that he lost his temper.

The boy, at some point, alerted his grandfather that the woman was bleeding from her mouth. The grandfather checked on the woman and determined she was OK, but he checked later and she was unresponsive, the report said. When asked by his grandfather if he did anything to the woman, the boy said, "No," the report said.

The Record's report said that homicide is excluded from the juvenile code and suspects are automatically charged as an adult.

The boy is being held at the Wayne County Correctional Facility and will see a judge on Oct. 22.

http://www.foxnews.com/us/2014/10/14/pennsylvania-boy-10-charged-as-adult-in-killing-0-year-old-woman/?intcmp=latestnews

Dos Equis

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #47 on: December 17, 2014, 02:12:38 PM »
Wow.  We have come a long way. 

Exonerated After Execution: Judge Tosses Teen's Murder Conviction
BY LISA RIORDAN SEVILLE
 
Seventy years after South Carolina executed a 14-year-old boy so small he sat on a phone book in the electric chair, a circuit court judge threw out his murder conviction.

On Wednesday morning, Judge Carmen Mullins vacated the decision against George Stinney Jr., a black teen who was convicted of beating two young white girls to death in the small town of Alcolu in 1944.

Civil rights advocates have spent years trying to get the case reopened, arguing that Stinney's confession was coerced. At the time of his arrest, Stinney weighed just 95 pounds. Officials said Stinney had admitted beating the girls, 11 and 8 years old, with a railroad spike.

In a 2009 affidavit, Stinney's sister said she had been with him on the day of the murders and he could not have committed them.

Stinney was put on trial and then executed within three months of the killings. His trial lasted three hours, and a jury of 12 white men took 10 minutes to find him guilty.

He is often cited as the youngest person executed in the U.S. in the 20th century. At the time of the crime, 14 was the legal age of criminal responsibility in the state.

http://www.nbcnews.com/news/investigations/exonerated-after-execution-judge-tosses-teens-murder-conviction-n270176

Jack T. Cross

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #48 on: December 17, 2014, 02:27:42 PM »
Wow, what a sad thread.

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Re: Prosecutors seek waiver to charge boy, 15, with murder
« Reply #49 on: December 17, 2014, 03:53:03 PM »
The kid is probably a sociopath and charging him with murder is probably for the best, however.............? 

I thought the whole idea of deciding what year a child becomes an "adult" means that some one younger, is by definition not an adult and as such should not be treated like one in the eyes of the law.

Does this now mean that 15 year old girls can consent to having sex or are they still children but this 15 year old boy isn't?  Can someone just "request a waiver" after banging one of them?  I'm being facetious of course but the point is, why go to the trouble of making broad sweeping rules and then pick and chose who those rules apply to when they become inconvenient?