The case against a boy for shooting his father's pregnant fiancé to death, has been moved from adult to juvenile court by a judge, as reported by the Washington Post.
The boy, J.B., now 14, was 11 at the time of the shooting on February 20, 2009.
In juvenile court the accused can be jailed, or supervised, until he or she turns 21 - if ruled "delinquent" as a ruling of delinquent is the same as a guilty verdict. If J.B. were to be heard in adult court he would be facing up to a life sentence.
David Acker, the attorney for the defense, said, "The laws in Pennsylvania are archaic, in this case, there's no question the judge's ruling is correct. No child should face life in prison without the possibility of parole."
Nils Hagen-Frederiksen, the spokesman for the state attorney general's office, said that it was "premature" in determining whether or not prosecutors would appeal the ruling.
Lawrence County Judge Dominick Motto made the ruling.
A psychiatrist for the prosecution, that told the judge a year ago that J.B. lacked "remorse" for his actions, was the catalyst for him to be tried in adult court. The doctor
said that juvenile court would not be an appropriate venue.
The Superior Court ordered Judge Motto to ignore the psychiatrist's report and reconsider his ruling. The appeals court agreed that J.B., and his family, had rights against self-incrimination.
The family has maintained throughout that the boy is innocent while the state police, and the attorney general's office, have maintained that all of the evidence points to only J.B.
Prosecutors claim that the boy will not be rehabilitated, in the juvenile system, if he continues to deny that he committed the murder. The judge also has acknowledged that the evidence presented points to the boy.
K.H., 26 at the time of her death, was 8 ½ months pregnant before being shot in the back of the head with a 0.20-gauge shotgun. She had been lying in bed after the boy's father, C.B., had left for work.
Also in the house were C.B.'s other young daughters aged 7 and 4.
The judge wrote, "The offense was an execution-style killing of a defenseless pregnant young mother."
The unborn baby died soon after the mother, due to a lack of oxygen.
The boy's family has stated that J.B. may have killed K.H. because he was concerned that his father would give him less attention after the baby's birth.
C.B. has appeared on the ABC television program, "Good Morning America", to attest that his son was "too young" to understand the crime, and that his son is innocent.
Acker believes that the boy would benefit from a juvenile system's rehabilitation. In the state of Pennsylvania, per Acker, the boy would either be tried as an adult and subject to life imprisonment or juvenile court where he can be supervised until he reaches 21.
Other states allow for more flexibility.
Acker said, "That's one of the dilemmas in a case like this: The court's not happy with it, the attorney general's not happy with it and I'm not happy with it."
Whether you are facing criminal charges as a juvenile or as an adult, you must contact a criminal defense attorney for help. A qualified attorney will be expert in the laws governing your state.
