Court fight likely in 10-year-old girl’s homicide case

Law Center

When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.

The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.

The age at which children get moved to adult court varies by state and can be discretionary in some cases.

Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.

Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.

Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.

For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.

Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls.

In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.

Related listings

  • Appeals court won't block ruling on candidate party label

    Appeals court won't block ruling on candidate party label

    Law Center 08/24/2018

    North Carolina Republicans have been dealt another setback in their efforts to remove a state Supreme Court candidate's party affiliation from the ballot.The state Court of Appeals declined Monday to hear the request of GOP legislative leaders to blo...

  • Oklahoma lawsuit against opioid makers back in state court

    Oklahoma lawsuit against opioid makers back in state court

    Law Center 08/10/2018

    A U.S. judge determined Friday that a lawsuit the state of Oklahoma filed against the makers of opioids does not "necessarily rise" to a federal issue.The ruling by U.S. District Judge Vicki Miles-LaGrange in Oklahoma City sends the matter back to st...

  • Court: S.Korea must allow alternative for military objectors

    Court: S.Korea must allow alternative for military objectors

    Law Center 06/28/2018

    South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males.The ruling requires the government ...

Business News