Judge James Conlogue made the ruling during a hearing in Cochise County Superior Court Division 5 on Monday. The hearing included testimony from a psychiatrist and psychologist, both by phone, brought forward as witnesses by the defense.
Testimony from the two witnesses portrayed the juvenile as a boy who suffered both physical and verbal abuse from his mother, though there was no documentation from Child Protective Services, or otherwise, to back up this claim.
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Both the psychologist and the psychiatrist testified they thought the boy could be rehabilitated in the juvenile justice system.
The prosecution, led by Deputy Cochise County Attorney Gregory Johnson, had requested the boy be tried as an adult because of the severity of the crime.
“This is first-degree, premeditated murder,” Johnson said in closing arguments, saying the evaluations done by the witnesses were made after spending only about 90 minutes with the juvenile. In addition, “there’s no evidence to rebut those (reports of abuse)” that the witnesses discussed.
The juvenile has been held at the Cochise County Juvenile Detention Center in Sierra Vista since Aug. 2. He is facing charges of first-degree murder for shooting Sara Madrid, his mother, on Aug. 1.
The Herald/Review will not identify the boy because of his juvenile status.
The boy is accused of shooting Madrid multiple times with a small-caliber handgun after she and her live-in boyfriend, Alfonso Muñoz, returned to their home in the 2500 block of Oak Avenue, Douglas.
Muñoz was not present at Monday’s hearing.
According to a probable-cause statement from August, Muñoz reported that Madrid had been arguing with the juvenile at the residence, then left with Muñoz for 45 minutes. The shooting took place when they returned.
Johnson said when evaluating what is required by legislation to determine if the boy should be tried as an adult, that the seriousness of the crime, the number of victims — which included not just Madrid but family members and friends who have been affected by the alleged crime — the fact that the juvenile was “100 percent responsible for this crime,” and does not suffer from mental illness, among several other factors, justified doing so.
“This was cold, calculated murder,” Johnson said.
Cochise County Deputy Public Defender Sanford Edelman, the juvenile’s attorney, argued that “this is clearly a tragedy that began at least a generation ago,” referring to testimony from his witnesses, which suggested that the abuse the boy allegedly experienced from his mother was the result of abuse she allegedly experienced at the hand of her stepfather as a child.
In addition, Edelman argued that the juvenile detention system offered the boy more of a chance of rehabilitation than the adult system.
“We’re not talking about rehabilitation in the adult system,” Edelman said. “We’re talking about life in prison for a 12-year-old.”
“I’m not suggesting that he’s an innocent person. I’m not suggesting that he didn’t commit a horrendous act,” Edelman continued. “He’s a young man who needs some help ... he needs that help to grow up.”
Edelman pointed out that the juvenile never had any problems in school, nor with other people, prior to this incident.
Conlogue said, upon reviewing the evidence, that he felt that “it is likely the juvenile can be rehabilitated.”
“This is not an easy case,” the judge said, describing what the boy did as a “horrible offense.”
Another hearing is set for Dec. 24, to be continued on Jan. 2. No ruling was made whether to release the boy to the custody of his aunt, Helen Taylor.
Taylor, who was present for the hearing with other family, could be heard whispering “Thank God,” as Conlogue denied the motion to try the juvenile as an adult.
“I’m just happy,” Taylor said following the hearing. “I’m just elated.”
Herald/Review reporter Katie Evans can be reached at 515-4611 or by e-mail at katie.evans@svherald.com.
