A teenager accused of gunning down two Rainier Beach High School students in January could face murder charges in adult court, but the road to get there will be a long one.
King County prosecutors' request for a decline hearing — in which a juvenile court judge would decide whether to decline jurisdiction and move the case to Superior Court — kicks off a court process that could take many months to resolve and involves a thorough defense investigation into the suspect's background.
The teen, who turned 16 on Thursday and was 15 at the time of the shooting, is charged in juvenile court with two counts of first-degree murder and second-degree unlawful possession of a firearm. According to police, he got off a King County Metro bus near Rainier Beach High School on Jan. 30, walked up to Tyjon Stewart, 18, and Traveiah Houfmuse, 17, and fired at least a dozen rounds from a handgun, striking them both in the head and neck.
The Seattle Times typically does not name juvenile suspects unless they are charged as adults.
Under Washington law, cases involving 16- and 17-year-olds charged with murder are automatically filed in adult court. The court process for a suspect who was under the age of 16 at the time of the alleged crime is influenced by a trio of U.S. Supreme Court decisions that found young people are less culpable than adults for criminal behavior.
The last time King County prosecutors requested a decline hearing for a juvenile suspect was last June in the case of a Fall City teen accused of killing his siblings and parents when he was 15. The judge in that case has not yet ruled on the motion.
On Monday, the 16-year-old in the Rainier Beach case appeared in court in a blue jail uniform and black rubber slides and sat next to his attorney, Robert Flennaugh. A family member of one of the victims shook his head when a bailiff brought the teenager inside the courtroom.
Judge Tanya L. Thorp scheduled the teenager's decline hearing for July. In a court filing, Senior Deputy Prosecuting Attorney Diana Chen wrote the seriousness of the alleged crime and the teenager's record warrant trying him as an adult.
In what is essentially a mini trial to determine whether it is in the suspect's or public’s best interest to transfer the case, the juvenile court judge must weigh a series of factors.
Those include the seriousness of the alleged offense to the community; the sophistication and maturity of the juvenile; the prospect for adequate protection of the public; and the likelihood of rehabilitation of the juvenile if the case remains in juvenile court.
The teenager was on court-ordered probation for a felony unlawful gun possession case from last year, from when he allegedly was found with a 9-mm pistol in Renton. A judge had granted him a deferred disposition, requiring him to complete certain programs so the charge could be dismissed and cleared from his criminal history.
Previously, the teen was arrested when he was 14 for investigation of a motor vehicle without permission in the second degree, a class C felony. A King County judge found probable cause for attempted vehicle prowl, a misdemeanor that carries a mandatory diversion requirement. The teen was ordered to participate in the juvenile pre-filing diversion program Restorative Community Pathways.
A transfer to adult court does not automatically mean a defendant, if convicted, gets an adult sentence. A judge would still have discretion to impose a sentence within juvenile guidelines.
This story has been updated to clarify details about the teen defendant's motor vehicle case.
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