disneydream06: (SGAtlantis)
[personal profile] disneydream06
Taking into consideration I don't know the ins and outs of this case, How do you get no jail time for killing two people???


Ariz. boy, 9, offered plea deal in dad's killing


By FELICIA FONSECA, Associated Press Writer Felicia Fonseca, Associated Press Writer – Thu Feb 12, 10:35 pm ET Play Video AP – 9-year-old offered plea deal in father's killing FLAGSTAFF, Ariz. – A 9-year-old charged with killing his father and another man has been offered a plea deal that would spare him any jail time, his attorney said Thursday.

"We aren't going to sign him up for prison," defense attorney Benjamin Brewer said. "We would never do that."

Brewer declined to offer specifics, including what plea the boy could enter and whether it would involve the two counts of premeditated murder he faces. A change of plea hearing was scheduled for Feb. 19, but Brewer said his client must still accept the deal.

"We believe this agreement addresses any potential needs out there as well as secures he does not get messed up going to juvenile corrections, or adult prison for that manner," Brewer said.

Prosecutors could not immediately be reached for comment Thursday.

The boy was arrested and charged after authorities said he used a .22-caliber rifle Nov. 5 to kill his father, 29-year-old Vincent Romero, and 39-year-old Timothy Romans, a co-worker of Romero's who lived with the family in St. Johns. The boy, 8 years old at the time of the shooting, has been in and out of juvenile custody since his arrest.

A spokesman for the Romans family, John Andreas, hasn't objected to the boy receiving treatment, but he said Thursday that the boy should be jailed until he's at least 18.

Romans' two daughters weep over their father's grave each weekend on the San Carlos Apache reservation, and anxiety attacks awaken Romans' wife at night, he said.

The boy, who has pleaded not guilty, acknowledged in a videotaped police interview that he shot the men. He told police that he had been spanked five times the night before the shootings because he didn't bring home some papers from school. While in custody, he told a state Child Protective Services worker that his 1,000th spanking would be his last, according to police reports.

The defense argued that the boy was illegally questioned without an attorney or relative present, and prosecutors said they would not show the video in court unless the boy testified and contradicted his statements.

Brewer said the deal was drafted by prosecutors. He wouldn't discuss what could happen to the boy if he accepts the plea, but said a juvenile who is tried in court could be put on probation, go to a foster home or be sent to a home for treatment.

In late November, prosecutors wrote in court documents that a plea deal had been offered to the boy that would resolve the charges in juvenile court. That deal was contingent on the results of mental health evaluations.

A defense-nominated expert later indicated the boy's age and intelligence level meant he wouldn't be fit for a trial. Two experts who evaluated the boy are still scheduled to testify on Feb. 27.

Prosecutors drafted the latest plea agreement, and Brewer said Thursday that attorneys began discussing it about a month ago. The discussions led to two delays of a hearing on a request by prosecutors to drop one of the murder charges against the boy before the request was vacated Thursday.

Defense attorneys were in a tight spot. If Apache County Superior Court Judge Michael Roca granted the prosecution's request, it would have allowed prosecutors to refile the charge when the boy is older and try him as an adult.

Brewer said he didn't want to risk having a charge looming in the future and the boy not receiving any treatment. Brewer said attorneys were dealing with a number of unknowns in a case that didn't seem to have any guidelines.

"Sure we could have went to trial and potentially won, but that's a heck of the roll of the dice," he said.

Date: 2009-02-13 02:58 pm (UTC)
From: [identity profile] whobyfire78.livejournal.com
Um, because he's NINE.

Date: 2009-02-13 03:41 pm (UTC)
From: [identity profile] thespian15.livejournal.com
But not even juvie?
And because he was spanked?

Date: 2009-02-13 03:46 pm (UTC)
From: [identity profile] whobyfire78.livejournal.com
If you read the article, it says he'll get treatment probation and/or be placed in foster care - most likely all of those things. Foster care for kids that are that troubled is almost always in an institutional or secured group home type setting.

Arizona is a pretty redneck state when it comes to these kinds of things - their correctional system is anything but humane - so if they're not locking him up in traditional juvie, my guess is there's more they know that they're not telling, ie he was abused or something like that.

Date: 2009-02-14 04:50 am (UTC)
From: [identity profile] thespian15.livejournal.com
I do have mixed feelings about this, and like I said, I don't know a lot about it. If abuse was involved, I can understand, but I don't really accept murder to end abuse. Maybe it's because I have never been through it, but there are so many other steps to take.

Date: 2009-02-14 05:27 am (UTC)
From: [identity profile] whobyfire78.livejournal.com
Yes, there are other steps to take. But he's 9. I simply don't believe he was aware of the implications of what he was doing - not at that age.

What would you have happen to him?

Date: 2009-02-14 06:06 am (UTC)
From: [identity profile] thespian15.livejournal.com
He needs treatment that is a given, but I also think he deserves some kind of punishment.
I don't know, can you treat and then punish, as in incarceration(sp?)? He might not grasp the completeness of death, but he knew enough that if he shot them the spanking would stop.
The system is screwed up. A person convicted of marijiuana get get sent away simply because it's his/her third conviction but in some cases killing is nothing? Other people that have been mentally challenged have been executed for crimes.
Can you tell I waiver on this problem?

Date: 2009-02-13 04:57 pm (UTC)
owlstorm_9: (Default)
From: [personal profile] owlstorm_9
Age & Emotional/Intellectual stability seem to be the prime factors. The fact that it's become something of a media circus down here doesn't help matters. I'd stick the kid in juvie without hesitation, but the "bleeding hearts" (no offense meant by that) are all gushing and crying about how he's just a baby & we can't do that & he didn't REALLY know what he was doing & all that..... It's a mess.

Date: 2009-02-14 03:52 am (UTC)
From: [identity profile] thespian15.livejournal.com
I love how on one hand oh they are just little kids, and on the other, oh they grow up so fast. Ugh......

Date: 2009-02-13 04:32 pm (UTC)
From: [identity profile] morzsa.livejournal.com
In many countries, including Hungary, no charges are brought if you are under 14.

Date: 2009-02-14 06:43 am (UTC)
From: [identity profile] thespian15.livejournal.com
I realize being a young kid he can't be treated like and adult, but a part of me just screams, He killed two people, and he gets to walk away from it? :o
There needs to be some kind of punishment.
I have really mixed feelings about it all.

Date: 2009-02-13 06:15 pm (UTC)
From: [identity profile] lnb1956.livejournal.com
I do not think a 9 yr old can understand what he did the way a 15 or 20 yr old person could. The boy has problems and he should definitely get treatment, putting him in jail or a foster home with no treatment is nonsense. Winning a trial is not everything. I find justice in the USA so weird, very old testament.

Date: 2009-02-14 03:49 am (UTC)
From: [identity profile] thespian15.livejournal.com
We're all about the bible here. :o

Date: 2009-02-14 11:25 pm (UTC)
From: [identity profile] bozotkutya.livejournal.com
If you REALLY were, it would be eye for an eye, tooth for a tooth....

Date: 2009-02-15 01:18 am (UTC)
From: [identity profile] thespian15.livejournal.com
Well, they are all about the bible when they can twist it to their needs. :(

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