Editor's note: Judge Brooks should read Jerilyn Kolarik's book, "Freed to Kill". Lucius Verenus, Schoolmaster, ProbateSharks.com
Judge rejects trying juvenile as adult in murder case
Boy was 14 when he was accused of firing gun into a group, killing a 17-year-old boy
(Tribune illustration)
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A Cook County judge on Wednesday denied a bid by prosecutors to try a juvenile as an adult for an allegedly gang-related shooting that killed an innocent teen last September on Chicago's South Side.
After an all-day hearing, Judge Rodney Hughes Brooks said he would give the teen "extended jurisdiction" if he is ultimately convicted of murder. Under that state law, the boy, now 15, could face additional punishment after he turns 21 if he continues to get into trouble while he is still a juvenile.
The suspect, who is not being identified by the Tribune because he is a juvenile, was 14 last Sept. 26 when he is accused of firing at a group that included rival gang members.
Dejuan Jackson, 17, was fatally shot in the head as he walked to his grandmother's home in the 4000 block of South Lake Park Avenue in the Oakland neighborhood, police said at the time. Friends of the victim told his family that he was not the intended target of the shooting.
The juvenile was charged three days later with first-degree murder and aggravated discharge of a firearm.
Prosecutors said Wednesday that two witnesses were walking with Jackson after playing basketball and saw a black SUV pull up with one window down. The two heard shots, took off running and found Jackson wounded after returning to the scene.
Both witnesses later identified the suspect as the gunman, prosecutors said. One had known him by a nickname from years earlier, they said.
Under Illinois law, teens accused of murder can be automatically tried as adults if they were 15 or older at the time of the offense.
In seeking to try the boy as an adult, prosecutors alleged he was a repeat offender, citing a conviction for robbing a pizza deliveryman, multiple suspensions from school, positive tests for marijuana and violations of curfew and home confinement.
Testimony at Wednesday's hearing in Juvenile Court indicated the suspect has learning disabilities and — until recently — an absent father who had been in prison for much of his life.
The boy's lawyers said he didn't get the intervention or help he needed in school or the court system to address his anger, emotional and other issues.
"It's the equivalent of trying to treat tuberculosis with an Advil," said Aimee Fagan-Rizzo, the boy's lawyer.
But a prosecutor said the boy had failed to show for outpatient drug treatment or take advantage of other intervention efforts.
"How does one make referrals for someone who is a ghost?" Assistant State's Attorney Sonia Antolec asked the judge.
A dean at his school testified that he tried unsuccessfully to involve the boy in athletics.
Tribune reporter Jeremy Gorner contributed.
nnix@tribune.com
Twitter @nsnix87
After an all-day hearing, Judge Rodney Hughes Brooks said he would give the teen "extended jurisdiction" if he is ultimately convicted of murder. Under that state law, the boy, now 15, could face additional punishment after he turns 21 if he continues to get into trouble while he is still a juvenile.
The suspect, who is not being identified by the Tribune because he is a juvenile, was 14 last Sept. 26 when he is accused of firing at a group that included rival gang members.
Dejuan Jackson, 17, was fatally shot in the head as he walked to his grandmother's home in the 4000 block of South Lake Park Avenue in the Oakland neighborhood, police said at the time. Friends of the victim told his family that he was not the intended target of the shooting.
The juvenile was charged three days later with first-degree murder and aggravated discharge of a firearm.
Prosecutors said Wednesday that two witnesses were walking with Jackson after playing basketball and saw a black SUV pull up with one window down. The two heard shots, took off running and found Jackson wounded after returning to the scene.
Both witnesses later identified the suspect as the gunman, prosecutors said. One had known him by a nickname from years earlier, they said.
Under Illinois law, teens accused of murder can be automatically tried as adults if they were 15 or older at the time of the offense.
In seeking to try the boy as an adult, prosecutors alleged he was a repeat offender, citing a conviction for robbing a pizza deliveryman, multiple suspensions from school, positive tests for marijuana and violations of curfew and home confinement.
Testimony at Wednesday's hearing in Juvenile Court indicated the suspect has learning disabilities and — until recently — an absent father who had been in prison for much of his life.
The boy's lawyers said he didn't get the intervention or help he needed in school or the court system to address his anger, emotional and other issues.
"It's the equivalent of trying to treat tuberculosis with an Advil," said Aimee Fagan-Rizzo, the boy's lawyer.
But a prosecutor said the boy had failed to show for outpatient drug treatment or take advantage of other intervention efforts.
"How does one make referrals for someone who is a ghost?" Assistant State's Attorney Sonia Antolec asked the judge.
A dean at his school testified that he tried unsuccessfully to involve the boy in athletics.
Tribune reporter Jeremy Gorner contributed.
nnix@tribune.com
Twitter @nsnix87
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