Under state law, 11-year-old could face murder charge

The 11-year-old boy arrested in connection with the fatal beating of a Tacoma man and a string of other alleged thrill beatings could be the youngest person ever charged with murder in the state.

Youngsters have been charged with and convicted of committing serious crimes in the state before, but no child this young appears to have ever been charged with murder.

The 11-year-old's age would give authorities an unusual challenge if they pursue charges: determining whether, at the time of the beating, the boy could differentiate between right and wrong.

Under state law, a child under 8 is presumed incapable of committing a crime. If a child is between 8 and 12, state law presumes the youngster is incapable of understanding an act was wrong unless prosecutors can clearly prove otherwise.

For the legal process to move forward in this case, a capacity hearing must first be held in which prosecutors show evidence that the 11-year-old boy understood that what he did was wrong at the time, said Olympia psychologist and attorney Brett Trowbridge.

Capacity hearings are rare in this state, and proving a child's moral mindset at the time of the crime is a challenge. Caseworkers or teachers may be called to testify to the youngster's moral understanding, Trowbridge explained.

He pointed out that capacity hearings often aren't held until months after the crime.

"It's hard to go back to that exact day and figure out exactly what (the child) understood," Trowbridge said.

The state Supreme Court lists seven factors that should be considered in determining a youngster's ability to know right from wrong. They include the nature of the crime; the child's age and maturity; whether the child wanted to keep the act a secret; prior conduct; and whether the child told the victim not to tell.

In 1994, prosecutors couldn't show an 11-year-old Seattle boy knew right from wrong in a capacity hearing in which the boy was accused of driving a stolen car into two pedestrians downtown. As a result, felony hit-and-run and vehicular assault charges were dismissed.

If the 11-year-old in the Tacoma case is given a capacity hearing and the court determines he can stand trial, prosecutors face other challenges: Is the boy competent to stand trial, and, if so, should they seek to have him tried as an adult.

Conviction as an adult carries much higher penalties. If convicted of murder in juvenile court, a defendant can be imprisoned only until he turns 21. If tried as an adult, a juvenile convicted of first-degree murder would face a sentence ranging from 20 years to life.

Murder cases involving other young offenders in this state include the 1994 shooting death of 14-year-old Jamie Lynn Wilson by 13-year-old Willard Jimerson Jr. Jimerson was tried as an adult and convicted of first-degree murder. Jimerson, now 19, is serving a 23-year sentence.

Barry C. Massey, now 26, is serving a life sentence for the 1987 shooting and stabbing death of Steilacoom Marina owner Paul Wang in 1987. Massey was 13 at the time, and tried as an adult.

In 1996, two Wenatchee boys were convicted of first-degree murder in juvenile court in the shooting death of Emilio Pruneda on the banks of the Columbia River. They were 12 at the time of the murder.

And in 1996, Phillip Krist, 13, was tried as an adult for shooting 17-year-old Denton Hendricks dead in Lynden, Whatcom County. Krist later was convicted of second-degree murder and is serving a sentence of more than 11 years.

Florangela Davila's phone message number is 206-464-2916. Her e-mail address is fdavila@seattletimes.com.