FLAGSTAFF, Arizona (AP) -- An 8-year-old boy is charged with murder in the shooting of his father and another man in a rural community in eastern Arizona, authorities said Friday.
The boy was charged with two counts of premeditated murder in the death of his father, 29-year-old Vincent Romero, and 39-year-old Timothy Romans, St. Johns Police Chief Roy Melnick said.
Police arrived at the home within minutes of the shooting Wednesday, Melnick said. They found one victim just outside the front door and the other dead in an upstairs room.
The boy, who prosecutors say had never been in trouble before, initially denied involvement in the shooting but later confessed, Melnick said.
Police have not said what they think the boy's motive was.
Defense attorney Benjamin Brewer argued Friday that police overreached in questioning the boy without representation from a parent or attorney and did not advise him of his rights.
"They became very accusing early on in the interview," Brewer said. "Two officers with guns at their side, it's very scary for anybody, for sure an 8-year-old kid."
A judge determined at a hearing Friday that there was probable cause to believe the boy committed the killings. He is being held at the Apache County juvenile detention center.
St. Johns is a community of about 4,000 people about 170 miles northeast of Phoenix.
__________________
Renegade HR: Recruit great people. Inspire them to do amazing things. | http://renegadehr.net
It even a fair possibility that questioning could have created false memory/false confession. Most police would know that in the case of an eight year old a special investigator should have done most of the questioning, and an attorney called early on.
It'd be an extraordinary 8 year old that could really pre-meditate, in my opinion.
And an even more extraordinary one that didn't have sufficient cause.
An 8-year-old Arizona boy charged with murdering his father and another man appeared in court on Monday. Police say the boy confessed to shooting the two men with a .22-caliber gun, but his defense attorneys told reporters that "there could have been improper interview techniques done." What's the "proper" way to interrogate a kid? With kid gloves. Based on the principle that juvenile suspects may not fully comprehend a Miranda warning, most states mandate some form of added protection for children under the age of 16. In at least 20 states, police must notify the child's guardian before questioning; and in at least 13 states, either a parent or an attorney must be present.
Under Arizona law, the state carries the "burden of proof" in juvenile interrogation cases. That is, there's a presumption that the child's statements were made involuntarily unless a preponderance of evidence indicates otherwise. The Arizona Supreme Court ruled in State v. Jimenez that in determining whether a confession was voluntary (and therefore admissible), a court should evaluate the child's age, education, background, and intelligence, plus whether the child's parents were present, whether he was in good mental and physical health during the interrogations, and whether he has a mental illness.
The rest of the article discusses why this is generally so in most states.
Rob, great link. The thing I find so obvious is how easy it is to "create" a memory in the mind of an 8 year old. I think it's common for most people to remember something from their childhood, but be a little unsure if they actually remember it or were just told about it so many times that they thought they remembered it.
__________________
Renegade HR: Recruit great people. Inspire them to do amazing things. | http://renegadehr.net
what the?... 8 year old charged with premeditated murder
Linear Mode
