SC prosecutors seek adult trial against Chester 13-year-old accused in stabbing death
South Carolina prosecutors have filed court documents showing they want an adult trial against a 13-year-old Chester County boy charged with murder, lawyers in the case said.
However, the defense attorney for the boy who is accused of killing a 16-year-old Tuesday night by stabbing him in the neck says he will fight any attempt to move the teen defendant to adult court.
Court testimony Thursday in a Family Court hearing showed the 13-year-old defendant allegedly stabbed a 16-year-old acquaintance in a car after a basketball game Tuesday night, said 6th Circuit Deputy Solicitor Candice Lively. The victim was dating the suspect’s older sister, Lively said.
The stabbing happened in rural Chester County. The boy is charged with murder and possession of a weapon during a violent crime. Neither he nor the victim have been identified because of their ages.
6th Circuit Chief Public Defender William Frick, the boy’s lawyer, said after court he objected to starting the process to send the boy to adult court.
Juvenile court versus adult court
The consequences in adult court are potentially far more severe. In adult court, punishment could be 30 years in prison if convicted of murder. A conviction and sentence in South Carolina Family Court ends at age 22 for any crime.
Judge Debra Matthews granted prosecutors’ motion in court that the boy be evaluated by the S.C. Department of Juvenile Justice, lawyers in the case said. That evaluation is required before any case involving a child defendant can possibly move to adult court.
After the evaluation, prosecutors would have to hold a “waiver hearing” in court, and tell a judge why the child should face an adult trial. The boy and his lawyers have the legal right to challenge any attempt to prosecute him as an adult.
Only a Family Court Judge can decide if the boy should face a trial in adult court or juvenile court.
What happens now?
In Thursday’s hearing, Judge Matthews found probable cause for the boy to remain detained, lawyers in the case said. She ordered the boy stay in DJJ custody.
DJJ and court officials now do an evaluation. The process can take months, officials have said. No trial dates have been set.
