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Spotsylvania Teen Charged With Murder: My BS Detector is Sounding!

Grapeshot

Legendary Warrior
Joined
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Valhalla
Here in Virginia, what does it take to decide to charge a minor as an adult? Is that decision made by the police or does it require the DA or a Judge, or even a Grand Jury to determine the seriousness of the crime warrants treating the accused as an adult even though 15 is normally a minor?

"While most juvenile criminal offenses in Virginia are resolved entirely within the Juvenile and Domestic Relations District Court (JDR Court), there are certain circumstances where cases are transferred and certified to the Circuit Court for resolution. Cases transferred and certified to Circuit Court result in the juvenile being tried as an adult, and resulting convictions can have substantial and lifelong effects on the juvenile."
http://www.livesaymyers.com/juveniles-tried-as-adults-virginia/
 

wrearick

Regular Member
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Mar 6, 2013
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Virginia Beach, Va.
Thanks. Not sure if there has been time for that or not. Wonder if the cops are wishing out loud.

Sent from my SPH-L710 using Tapatalk
 

user

Accomplished Advocate
Joined
Feb 12, 2009
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Northern Piedmont
Keep in mind that all that's required for the charge against the kid is probable cause to believe a crime's been committed and that he was responsible. Also that, as a matter of law, if one is not acting under color of authority as a law enforcement officer, there is a rebuttable presumption that a homicide is a murder. So they've got the dead guy, the kid who's either confessed to the fact of the shooting or factual evidence that demonstrates that fact, and the presumption of murder. That's probable cause, and has nothing to do with whether the kid's actually guilty or not.

However, he'll probably get some plea-bargain factory down there who'll convince him to plead guilty to manslaughter, because that's the quickest buck for the lawyer.
 

TFred

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7,750
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Most historic town in, Virginia, USA
Keep in mind that all that's required for the charge against the kid is probable cause to believe a crime's been committed and that he was responsible. Also that, as a matter of law, if one is not acting under color of authority as a law enforcement officer, there is a rebuttable presumption that a homicide is a murder. So they've got the dead guy, the kid who's either confessed to the fact of the shooting or factual evidence that demonstrates that fact, and the presumption of murder. That's probable cause, and has nothing to do with whether the kid's actually guilty or not.

However, he'll probably get some plea-bargain factory down there who'll convince him to plead guilty to manslaughter, because that's the quickest buck for the lawyer.
No new developments have been published in any local media that I have seen, but I'll tell you this: Judging from the overwhelming outrage over these charges, as expressed in the news story comments by local media consumers, the sheriff better have something pretty significant up his sleeve that nobody knows about, or he's going to lose his job come next election.

TFred
 

TFred

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Messages
7,750
Location
Most historic town in, Virginia, USA
Update: 15 year old to be tried as adult, case goes to Grand Jury

15 year old to be tried as an adult. Case goes to Grand Jury later this month. Comments on social media still overwhelmingly outraged over the fact that this boy is being charged with a crime.

From article: "During Wednesday’s preliminary hearing, the judge ruled that Doggett did not have the right to use deadly force because the victim wasn’t armed."

TFred

Spotsylvania teen who shot and killed his mother’s boyfriend to be tried as an adult
 

Citizen

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Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
15 year old to be tried as an adult. Case goes to Grand Jury later this month. Comments on social media still overwhelmingly outraged over the fact that this boy is being charged with a crime.

From article: "During Wednesday’s preliminary hearing, the judge ruled that Doggett did not have the right to use deadly force because the victim wasn’t armed."

TFred

Spotsylvania teen who shot and killed his mother’s boyfriend to be tried as an adult


Oh, my. A media outlet is reporting someone is to be tried even before the grand jury has a chance to consider?

And, the judge? Oh, my, oh, my. Really, an assailant being armed is necessary to defend with lethal force? Incompetent judge pretending to dispense justice based on law, I would say.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
15 year old to be tried as an adult. Case goes to Grand Jury later this month. Comments on social media still overwhelmingly outraged over the fact that this boy is being charged with a crime.

From article: "During Wednesday’s preliminary hearing, the judge ruled that Doggett did not have the right to use deadly force because the victim wasn’t armed."

TFred

Spotsylvania teen who shot and killed his mother’s boyfriend to be tried as an adult

He looks like a big man - fists and feet can cause serious bodily harm or death.

Truth is, I don't have enough information so there will be no rush to judgement on my part.
 
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