According to attorneys involved in the case, South Carolina prosecutors have submitted court records indicating that they want a juvenile trial to be held against a Chester County youngster who is 13 years old and has been charged with murder.
On the other hand, the defense attorney for the young man who is accused of stabbing a 16-year-old victim in the neck on Tuesday night and causing his death has stated that he will fight any attempt to transfer the juvenile defendant to the adult court system.
Candice Lively, a deputy solicitor for the 6th Circuit, stated that the testimony presented in court on Thursday during a hearing in Family Court revealed that the defendant, who was 13 years old at the time, allegedly stabbed a friend who was 16 years old in a car after a basketball game on Tuesday night.
As stated by Lively, the victim was in a relationship with the suspect’s older sister.
A remote area in Chester County was the location of the stabbing. During the commission of a violent crime, the young man is accused of murder as well as possession of a weapon. Due to the fact that they are both still young, neither he nor the victim have been recognized.
Immediately following the court hearing, the youngster’s attorney, William Frick, who is the Chief Public Defender for the Sixth Circuit, expressed his opposition to initiating the process of sending the boy to adult court.
Comparing the Juvenile Court to the Adult Court
In adult court, the repercussions could be significantly more severe than in juvenile court. Should you be found guilty of murder in an adult court, you might face a sentence of thirty years in jail.
If you are convicted of any felony in South Carolina Family Court, your sentence and conviction will expire at the age of 22.
The application made by the prosecution in court to have the youngster evaluated by the South Carolina Department of Juvenile Justice was granted by Judge Debra Matthews, according to the attorneys involved in the case.
Any case that involves a young defendant must first undergo this examination before it can even be considered for transfer to the adult court system.
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Following the completion of the evaluation, the prosecution would be required to hold a “waiver hearing” in court and explain to the judge the reasons why the child should be tried as an adult.
Any attempt to prosecute the youngster as an adult is challenged by the boy and his legal representatives, who have the legal right to do so.
One and only a judge from the Family Court has the authority to decide whether the boy should be tried in adult court or in juvenile court.
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What takes place at this moment?
During the hearing that took place on Thursday, Judge Matthews determined that there was probable cause for the youngster to continue to be detained, their attorneys claimed. The boy was to remain in DJJ custody, as she had instructed.
DJJ and officials from the court are currently conducting an evaluation. According to the officials, the process can take many months. Trial dates have not yet been scheduled.