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The case of an Upper Providence boy accused of shooting his sister was transferred to a juvenile court.

NORRISTOWN — A 14-year-old boy, originally charged as an adult in a family’s Upper Providence house with his sister’s deadly shooting, will see his case unfold in a juvenile court.

Based on an agreement reached between the juvenile defense lawyer and the prosecutor, Montgomery County Judge Thomas C. Blanca has signed an order to revoke the Jarber Squez case’s finding in the juvenile court. According to the judge’s order, the prosecutor “has no objection” to the defense’s petition for the transfer of the case.

“We are incredibly grateful. I think this was the right solution. He was a 13 year old kid when this incident happened. He was him to get the gun. He was acting at his mom’s request, and this is a horrifying tragedy. We believe he should be in the juvenile court, “said Carrie L. Allman, a defense lawyer. “We thank the District Attorney’s Office for agreeing. After they received our petition and expert evaluation, they decided that the juvenile court was the right place for this case. I agree. “

Emily Daguano, captain of the district attorney’s family protection unit, said:

Larchwood Court’s 100-block Basquez is a tool of crime related to three murders, involuntary mansions, possession of firearms by minors, and the death of his 12-year-old sister by gunfire on March 19. He has been charged with possession, Jashiya.

Detectives and prosecutors in Montgomery County have charged Basquez, who was originally 13 at the time of the incident, as an adult because of the serious nature of the crime. Weapon crime. If Basquez is convicted in a third-class murder adult court, he could face a maximum sentence of 20 to 40 years in prison.

However, the Basquez proceedings have now been transferred to the county’s juvenile justice system, where the potential punishment is less severe and the focus is on rehabilitation and treatment. Normally, in order to transfer a case to a juvenile court, the defense lawyer will say that the transfer of the case is of public interest, that the juvenile needs a treatment and rehabilitation program, and that the juvenile is treated under the juvenile court system. You need to prove that it’s easy. ..

If the case is transferred to a juvenile court and prosecution is proved, the criminal may be under court supervision until the age of 21.

Juvenile court cases are handled differently than adult criminal cases. There is no jury in the juvenile court and all cases are handled by judges. Adult proceedings focus on punishment, while juvenile courts focus on rehabilitation.

Defendants are never called “guilty” in juvenile courts, but are considered “arbitrated delinquents” if prosecution is proven. In addition, juvenile courts are not bound by the same sentencing guidelines used in adult criminal courts.

Juvenile court penalties may include placement in juvenile detention facilities, treatment programs, rehab facilities or house arrest.

While waiting for a juvenile court hearing, Basquez remains under house arrest during his uncle’s detention and under electronic surveillance programs, so that he must always wear an ankle bracelet to monitor his whereabouts. It will not be.

Allman, the chief murder attorney at the County Public Attorney’s Office, notified the judge in August of submitting a petition requesting that the case be transferred to the juvenile court, which the judge requested on December 14. Was heard. An agreement between lawyers and prosecutors that hearings are no longer needed.

In her petition to transfer the case, Allman called the case “tragic,” but it was fundamental, including what Basquez, the oldest of the six children, did as his mother said. Given the facts, he argued that it was appropriate to transfer to the juvenile court. , Daisy, to get out of her car and get her firearms back so she can lock it. Allman claimed that when Basquez returned home, the firearms were fired and Basquez’s sister was deadly shot.

“Sure, the impact on the victims was severe, and a 12-year-old child died. But the facts of this case are tragic. A careless and negligent mother has a gun on her 13-year-old child. Let’s shoot another child at home. Jah’sir is also a victim in this case because he suffers the mental wounds and legal consequences of his mother’s decision. What happens in court? But he always bears the burden of his sister’s death, “Allman insisted in court documents.

“Yerser’s responsibilities are alleviated due to the fact that he follows his parents’ instructions, his lack of intent, and also his young age,” Allman added. “Note that Jah’sir Vasquez was a minor at the time, and science and case law revealed that boys were less negligent than adults, based on brain development and certain characteristics of adolescents. Is important. “

Daisy Basquez, 31, endangers the welfare of children, interferes with arrests and prosecutions, causes minors to possess firearms (adult responsibility), and recklessly endangers others in connection with the incident. I am waiting for a trial for the crime I exposed. On these charges, prosecutors alleged that she recklessly allowed her son to carry firearms and lied to the detective during the investigation. Daisy Basquez remains free with $ 50,000 on unsecured bail to await the trial.

Allman argued that the fact that Jah’sir Vasquez was 13 years old was “an important factor to consider when determining the degree of negligence and comfort for treatment.” Basquez, evaluated by defense psychologists, poses no risk to the community, Allman argued.

“The laws are clear, boys are different, and those differences make them less likely to make mistakes, allow them to rehabilitate, and make them more accessible,” Allman writes.

Allman, who filed in court on behalf of Vasquez, outlined a dysfunctional childhood, claiming that Vasquez expressed his desire to graduate from high school, attend college, and get paid employment.

According to a court paper, psychologists comment that Basquez fits more closely with the typical profile of “adolescent-only criminals” given the nature and extent of his risks and protective factors. Said.

“This suggests that Jah’sir is unlikely to be involved in antisocial behavior until adulthood, especially if his treatment needs are properly addressed,” Allman reports. I am writing by referring to.

Allman argued that the juvenile system had a goal of “balanced restorative justice,” which was an appropriate goal for Basquez.

“Exposure to the adult prison system is of no use to anyone and is likely to increase the risk of recidivism,” Allman argued.

The investigation began around 7:51 am on March 19, and Upper Providence police responded to the Larchwood Court residence seeking reports of the shooting. According to criminal charges filed by county detective John Wittenberger and upper Providence detective Sean Francini, police officers who arrived said that Jasiya Basquez was “lying on the floor of the living room with a gunshot wound on her chest. I found that.

While police were giving the girl first aid, Daisy Basquez guided the police to the master bedroom on the second floor, showing a 9mm pistol under the pillow in the bed and telling her that she accidentally shot her daughter with a pistol. Court documents.

Authorities said the gun was purchased and registered by Daisy Basquez, who had a valid permit to carry firearms.

Initially, according to court documents, Daisy Basquez lied to the detective and accidentally fired a firearm when he tried to climb the stairs in the house and drop the magazine, and when the gun was fired, Jashiya He said he was walking in front of her. ..

However, when faced with suspicion of contradiction in her statement, Daily Basquez changed her account and stated that it was her son Jarcer who shot the victim. The woman told the detective that she had instructed Jarcer to take the pistol out of the locked car, take it to the bedroom, and put it in the safe.

According to court documents, the woman said she had asked her son to retrieve her pistol from her purse or car in the past.

According to the criminal accusation, Daisy Basquez also told the detective that Jasiya and Jarsar had previously been in the shooting range, but Jarcer refused to handle the gun because he was “nervous to the gun.”

During the investigation, the detective discovered Xfinity’s home surveillance system in the kitchen area of ​​his residence and reviewed the videos recorded before and after the shoot.

The detective alleged that the surveillance video portrayed Jarcer stepping into the house from the outside. According to court documents, when Yasser enters the house, he hears Jashiya saying, “Hey, you shouldn’t step on your bag,” and you can see him walking into the living room area.

“Yerser can be seen holding his pistol in his right hand with his right arm fully extended. He seems to point his pistol directly at Jashiya, saying,” I was embarrassed before. ” I can hear you there, “the detective insisted. “Immediately after hearing the gunshot, Jashiya shouted,” Mom, Jar shot me, “before falling down the stairs leading upstairs. “

The detective then interviewed Yasser in front of his mother. In an interview, Yasser said his mother had asked him to retrieve his pistol from his car. According to court documents, Jah’sir stated that he placed the gun on the center console and the “clip” on a vehicle separate from the pistol.

Jah’sir is said to have told the detective that he walked through the dwelling with a firearm in one pocket of his sweatshirt and a “clip” in the other pocket. Jah’sir did not remember what Jasiyah said to him, but said she was on the ground floor.

According to the arrest affidavit, Jarcer took the gun out of his pocket and fired it, claiming it was an accident and he didn’t want to hurt his sister.

“When he was asked if he pointed his firearm at his sister when he entered the dwelling, he categorically stated at first that he did not, contrary to the evidence in the video, but later he has. He added that he may have, but may not remember, “the detective alleged in a criminal complaint.

An autopsy later revealed that Jashiya had died of a gunshot wound in her chest, and the method of death was determined to be murder.

The case of an Upper Providence boy accused of shooting his sister was transferred to a juvenile court.

Source link The case of an Upper Providence boy accused of shooting his sister was transferred to a juvenile court.

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