Lewisville siblings face juvenile murder charges
Posted on 05/16/2002 7:39:14 AM PDT by MeekOneGOP
Lewisville siblings face juvenile murder charges
Pair accused in brother's stabbing to stay out of adult system
05/16/2002
DENTON - The Denton County district attorney's office filed juvenile murder charges Wednesday against two Lewisville siblings accused of stabbing and suffocating their 6-year-old brother, defense attorneys said.
The filing in juvenile court indicates that prosecutors will not seek to certify the 15-year-old girl as an adult in the slaying of her brother Jackson Carr, said Kimberly McCary, the girl's attorney.
If the girl were certified as an adult, she could face up to a life sentence in an adult prison upon conviction.
|
"The state could have, based on the charge alone, sought certification to the adult court, so I'm very encouraged that I have an opportunity to keep her in the juvenile system," Ms. McCary said.
Police have said the girl led officers to her brother's body, which was buried under brush behind the family home, on April 16 and admitted killing him. They said her 10-year-old brother told them he held Jackson down.
Prosecutors declined to comment about the filings because the defendants are juveniles.
In both cases, prosecutors filed for determinant sentencing, which means both siblings could be held up to 40 years if convicted, officials said.
"I thought it was a fairly good chance that they would do that," said Daniel Kossmann, the 10-year-old boy's court-appointed attorney.
Under determinant sentencing, juveniles are held at a Texas Youth Commission facility until age 21, then they can be transferred to a state prison to complete their sentences.
Unlike the adult system, the Texas Youth Commission provides intensive therapy aimed at rehabilitation, officials said.
Judge Tom Whitlock also ordered the siblings to be detained for 10 more days in the Denton County Juvenile Detention Center. Juvenile detentions are reviewed regularly because bail is not an option.
The cases will be submitted to a grand jury to consider the determinant sentencing option, officials said.
The case against the 15-year-old girl was the first in which prosecutors had the option of certifying a juvenile as an adult, said Denton County District Attorney Bruce Isaacks.
Since determinant sentencing became an option in the early 1990s, the number of juvenile cases transferred to the adult system has significantly dropped across the state, with the exception of cases in Harris County, said professor Ellen Marrus, director of the Southwest Regional Juvenile Defender's Center in Houston.
Behavioral problems for the sister and brother date to at least 1998, when the two confessed to setting a fire at a Garland elementary school. The boy suffers from Tourette's syndrome and attention-deficit disorder. The girl is two years behind in school.
Child Protective Services has investigated the family three times in recent years.
In one case, the agency stopped its investigation because the family moved. Another case was closed as "undetermined," without the evidence to support or refute an allegation that the girl had been physically abused. A third case last month ruled out abuse of the 10-year-old.
E-mail rhorton@dallasnews.com
Lewisville siblings face hearings in brother's killing -
lawyer: teen murderer "is a loving child"
http://www.freerepublic.com/focus/news/674019/posts
Girl's maturity weighed in killing - Hundreds
mourn slain 6-year-old Lewisville boy
http://www.freerepublic.com/focus/news/669599/posts
Don't quote me, but I believe the girl on the right front is the 15 year old daughter.......
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
