Can Washington Juveniles Be Charged as Adults? What Law Says as Thurston County Teens Face Murder Charges

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A 16-year-old Olympia teenager, Gabriel Davies went missing last week, leading to a surprising turn of events. Davies, along with another 16-year-old boy, Justin Jiwoon Yoon, are now charged with murdering a 51-year-old man who knew Davies. The man was found dead from a gunshot wound, according to previous reporting by McClatchy.

The teens were charged with first-degree murder, second-degree murder, first-degree burglary and two counts of second-degree unlawful possession of a firearm and are expected to be prosecuted as adults, according to reporting by McClatchy.

But what does that mean?

Being charged as an adult instead of a juvenile typically results in harsher consequences.

Juveniles can be charged as adults in certain federal crime circumstances, according to the U.S. Department of Justice:

"Juveniles charged with serious offenses, who have prior criminal history, and who have proven unreceptive to treatment in the juvenile justice system, may be the type considered for transfer to adult status."

The department also states that the decision to charge a juvenile as an adult should be based on a discussion with investigating agents, as well as a comparison of effective alternative consequences.

In Washington state, those under 18 will be tried in juvenile court unless an exception applies, according to Senate Bill 6160.

Exceptions to the bill that could qualify a 16 or 17-year-old to then be tried by law as an adult include committing:

  • a serious violent offense.
  • a violent offense with a criminal history of a serious violent offense, two or more violent offenses, or three felony offenses.
  • the rape of a child.
  • a robbery.
  • a burglary, if the juvenile has a prior misdemeanor or felony offense or any violent offense while armed with a firearm.
  • a drive-by shooting.

Typically a hearing will take place when deciding whether a juvenile will be charged as an adult, according to Washington State Legislature RCW 13.40.110.