Thursday, January 14, 2010

Transfer to Adult System is not granted automatically

An article in the Fort Worth Star Telegram reported on the request by the

Assistant District Attorney who was prosecuting a case involving robberies

of two elderly people, an 85-year old was beaten during one, to have a 16-year

old certified to stand trial as an adult. The prosecutor had cited what he called

the "shocking brutality" of the crimes as well as the youth's criminal history. He

had been placed on deferred-prosecution probation following charges of writing

gang graffiti on a school desk and being a suspect in the burglary of a friend's home.

State District Judge Jean Boyd, however, denied prosecutors’ request, saying that

the teen had not yet been afforded all of the services available within the juvenile system.

If convicted in the juvenile system, he could face up to 40 years of confinement,

including time in an adult prison after he reaches age 19. He will be 17 next month.

The immediate question is why he did not receive the services the judge refers to

already. Was the decision too lenient? Will getting the services in the juvenile system

keep this youngster out of trouble in the years ahead?

There is no mention made of his being confined or who will oversee the services needed.

Why would something like this automatically not be considered a violation of probation?

Hopefully the decision was wise and juvenile services will have the outcome that is

desired; only time will tell.




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