Friday, November 22, 2024

Milwaukee 10-year-old charged with 1st degree murder will face trial as adult

The criminal case against a 12-year-old Milwaukee boy accused of shooting his mother to death two years ago will remain in adult court, a judge ruled, reported the Milwaukee Journal Sentinel.

The decision on Monday by Milwaukee County Juvenile Court Judge Jane V. Carroll gives direction to the case; the child's defense lawyers argued for months was more appropriate for the juvenile system.

Adult court carries much longer terms of confinement than juvenile court, which focuses on rehabilitation and offers more services.

The child was 10 at the time of the shooting, and was charged with first-degree intentional homicide.

This now means the child could be subject to a sentence of up to life in prison, if he is convicted. He is expected to appear in court again on Dec. 5.

Here is how prosecutors say the incident unfolded

According to court records, the boy told police he became upset with his mother when she refused to buy him something on Amazon and for waking him up early one morning.

Prosecutors alleged he got ahold of his mother’s gun from a lockbox, using his mother’s key, and fatally shot her in November 2022.

What is the law in Wisconsin concerning juvenile charged with serious crimes?

In Wisconsin, children and teens can automatically be charged in adult court, depending on their age and the severity of what they are accused of doing.

State law allows for children as young as 10 to be charged as adults for certain serious crimes, at least to start the case. Those crimes include first-degree intentional homicide, first-degree reckless homicide and attempted first-degree intentional homicide.

Prosecutors have for months argued the seriousness of the crime warranted adjudicating the matter in adult court.

The child's lawyers pushed during a series of hearings that began in March for a reverse waiver to have the matter handled within the juvenile justice system, saying he would receive more specialized treatment and age-appropriate services there.

Prosecutors maintained the crime warranted adult court because it was serious and demonstrated some level of intention and planning on the child's part. Moving the case to juvenile court, where the case could be disposed of anywhere from a year to when the child turns 25, would "depreciate the seriousness of the offense" they argued.

The child remained in custody on Monday. The Milwaukee Journal Sentinel is not identifying him because of his age.

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