Video: Rare Juvenile Cases

TUPELO, Miss. (WCBI) – Three teenagers are being held without bond, charged with capital murder in the shooting death of a 70 year old Baldwyn man.
The community was shocked when the body of Henry Adams Jr.,  was discovered at his home, and now, authorities say robbery appears to be the motive.

Three juveniles,  Quindaris Burress,  and Dequan Stribling, both 13, and 14 year old Jayce West, are each charged with capital murder.  Since their arrests last week, they have been held at the Lee County Adult Jail.  Under Mississippi law, a minor, charged with a felony, can be charged as an adult in circuit court.

Drew Stuart is a criminal defense attorney who has represented minors charged with serious crimes.  He says although state law allows the teenagers to be treated as adults, there is one major difference when it comes to possible sentences.

“The United States Supreme Court, said in 2005, that the imposition of the death penalty against a juvenile violates the 8th Amendments prohibition against cruel and unusual punishment,” Stuart said.

So while the death penalty is not an option for the three juveniles if convicted of capital murder,  they could face either life in prison without parole, or life in prison with the possibility of parole.

The juvenile suspects will likely stay in the adult jail until the case goes before the Grand Jury.  If they indict, a circuit court judge could decide to send the case to youth court.  If that happens, the teenagers would be moved to the juvenile detention facility.

If the case stays in circuit court,  Stuart says it would proceed like any other .  Defendants could be tried together, or separately.  Also, he says the District Attorney is not obligated to offer, or accept any plea bargain. Of course, a defendant could plead guilty, but Stuart says any suspect,, regardless of age, must have an understanding of the process.

“The defendant, needs to be competent to such an extent that he or she can assist their trail counsel in defending their own case,” he said.

Stuart points out that is one of the many issues the trial judge will have to decide.

The case is expected to be presented to the January Grand Jury.