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8 Year Old Is A Premeditated Murderer. He wasted his pappy and another dude

 
MercurialStorm
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User ID: 545945
Canada
11/07/2008 10:14 PM
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8 Year Old Is A Premeditated Murderer. He wasted his pappy and another dude
FLAGSTAFF, Ariz. – An 8-year-old boy is charged with murder in the shooting of his father and another man in a rural community in eastern Arizona, authorities said Friday.

The boy was charged with two counts of premeditated murder in the death of his father, 29-year-old Vincent Romero, and 39-year-old Timothy Romans, St. Johns Police Chief Roy Melnick said.

Police arrived at the home within minutes of the shooting Wednesday, Melnick said. They found one victim just outside the front door and the other dead in an upstairs room.

The boy, who prosecutors say had never been in trouble before, initially denied involvement in the shooting but later confessed, Melnick said.

Police have not said what they think the boy's motive was.

Defense attorney Benjamin Brewer argued Friday that police overreached in questioning the boy without representation from a parent or attorney and did not advise him of his rights.

"They became very accusing early on in the interview," Brewer said. "Two officers with guns at their side, it's very scary for anybody, for sure an 8-year-old kid."

A judge determined at a hearing Friday that there was probable cause to believe the boy committed the killings. He is being held at the Apache County juvenile detention center.

St. Johns is a community of about 4,000 people about 170 miles northeast of Phoenix.

[link to news.yahoo.com]
Seneca

User ID: 545951
United States
11/07/2008 10:53 PM
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Re: 8 Year Old Is A Premeditated Murderer. He wasted his pappy and another dude
My first impression upon reading the statute is that he cannot be tried as an adult.

[link to www.azleg.state.az.us]

13-501. Persons under eighteen years of age; felony charging; definitions

A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age and is accused of any of the following offenses:

1. First degree murder in violation of section 13-1105.

2. Second degree murder in violation of section 13-1104.

3. Forcible sexual assault in violation of section 13-1406.

4. Armed robbery in violation of section 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony offender.

7. Any offense that is properly joined to an offense listed in this subsection.

B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age and is accused of any of the following offenses:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of any offense in chapters 10 through 17 or chapter 19 or 23 of this title.

4. A class 3, 4, 5 or 6 felony involving a dangerous offense.

5. Any felony offense committed by a chronic felony offender.

6. Any offense that is properly joined to an offense listed in this subsection.

C. A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender. Subject to subsection E of this section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender.

E. Upon motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender. At the hearing the state shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the juvenile court pursuant to section 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony offender, the criminal prosecution shall continue.

F. Except as provided in section 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person is convicted.

G. For the purposes of this section:

1. "Accused" means a juvenile against whom a complaint, information or indictment is filed.

2. "Chronic felony offender" means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.

3. "Forcible sexual assault" means sexual assault pursuant to section 13-1406 that is committed without consent as defined in section 13-1401, paragraph 5, subdivision (a).

4. "Other violent felony offense" means:

(a) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 1.

(b) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon.

(c) Drive by shooting pursuant to section 13-1209.

(d) Discharging a firearm at a structure pursuant to section 13-1211.


My interpretation of the statute is that any juvenile thirteen years old or younger cannot be charged in adult court.
Anonymous Coward
User ID: 545320
Australia
11/08/2008 12:29 AM
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Re: 8 Year Old Is A Premeditated Murderer. He wasted his pappy and another dude
well my interpration is they were ,@#$%^&* him the %$#@ts
thus ,sd
Anonymous Coward
User ID: 545320
Australia
11/08/2008 12:30 AM
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Re: 8 Year Old Is A Premeditated Murderer. He wasted his pappy and another dude
ps case dismissed !
canislatrans

User ID: 516342
United States
11/08/2008 12:42 AM
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Re: 8 Year Old Is A Premeditated Murderer. He wasted his pappy and another dude
Where does it say anything about premeditation?
And those who were seen dancing were thought to be insane by those who could not hear the music.





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