SC prosecutors want 13-year-old accused in Fort Mill killing tried as an adult
York County prosecutors want a 13-year-old boy accused of shooting a man to death in Fort Mill to be tried as an adult — even as the teen’s lawyer said an older adult co-defendant is blaming the younger boy for pulling the trigger.
The prosecution of such a young person would make for the youngest defendant in recent memory — and maybe ever — to face an adult murder charge in York County. The town of Fort Mill where the shooting happened is a fast-growing community just south of Charlotte where violent crime is minimal.
The homicide was the town’s first in years.
The 13-year-old made his first appearance in York County Family Court Tuesday afternoon after Fort Mill police arrested him two weeks ago on charges of murder, armed robbery, conspiracy, and weapons charges.
Prosecutor Erin Joyner said there is evidence, including statements from 18-year-old co-defendant Jalen Daquavious Thames, of Rock Hill, that the younger boy shot Johnny Wayne Martin Cook of Chester. Cook, 21, died at Steele Street park in Fort Mill on Aug. 28 after being shot several times during what police say was a robbery. His gun was taken.
Thames implicated the 13-year-old as the shooter after first lying to police about being at the park, Fort Mill police detective Charles Aycock testified Tuesday. Video shows the two defendants were together with the victim at a nearby QT store just minutes before the shooting, according to testimony.
Thames first denied being involved at all and said he was at a swimming pool. But he then said he was involved, but that the 13-year-old used his gun to shoot Cook.
Prosecutors served the 13-year-old Tuesday with notice they were seeking to have him face adult charges.
There are no eyewitnesses to the killing other than the defendants, and Thames told police he was there during a planned heist when the younger boy used the older teen’s gun to shoot shot Cook several times, Joyner said.
Thames is charged with the same crimes as an adult and admitted to being there when Cook died, Joyner argued.
“Thames confessed to murder and armed robbery,” Joyner told the judge.
The Herald is not naming the 13-year-old because of his age.
Defense: Older boy blaming the younger one
Melissa Inzerillo, the 13-year-old boy’s lawyer, said Thames offered police a “self-serving statement” that pointed the finger at the younger boy as the shooter.
Police have not recovered the murder weapon, Inzerillo said. Thames told police a different teen took the gun after the shooting, testimony showed Tuesday.
Thames told police that after the shooting, he gave his own gun and Cook’s stolen gun to a different teen who took them. Police interviewed that person, and recovered Cook’s weapon, but not the weapon used in the shooting, according the detective’s testimony in court.
“An 18-year-old kid is basically blaming a 13-year-old kid,” said Inzerillo, of the 16th Circuit Public Defender’s Office. “All the evidence points back to Jalen Thames.”
Inzerillo argued the statement of Thames is not enough to show probable cause the 13-year-old was involved with the murder, let alone fired the deadly shots. She also said she will fight any attempt by prosecutors to have the boy face an adult trial.
Judge: 13-year-old stays jailed
Cook’s family was in court but did not speak about the killing.
The mother and two other family members of the 13-year-old were also in court but chose not to address the judge.
Sammy Diamaduros, the Family Court judge from neighboring Union County, ruled there was probable cause for police to charge the 13-year-old with murder, so prosecutors can move forward against the boy. However, any attempt by prosecutors to try the boy as an adult would require further court hearings and a ruling by a judge, Diamaduros said.
And at this stage, the charges against the 13-year-old are only allegations, Diamaduros said. He asked all involved to be patient as competency evaluations are done and the legal process continues.
“This is a terrible tragedy ...there is no simple solution,” Diamaduros told the families. “We would hope society would not have these type of incidents.”
What happens now?
The 13-year-old has been in a S.C. Department of Juvenile Justice jail since his arrest Sept. 9. The court-ordered competency evaluation, along with an evaluation by the department about trying him as an adult, could take months to complete.
In the past three years, at least three York County boys ages 14 and 15 were sentenced for murder and manslaughter after their cases were moved to adult court. But the 13-year-old is even younger than others that prosecutors successfully moved to adult court.
Consequences for convictions for murder and the other felonies the 13-year-old faces would be much harsher in adult court. A conviction for murder as an adult carries a mandatory minimum of 30 years. In juvenile court, a sentence for any conviction including murder ends at age 22.
Thames remains in the York County jail on the murder and other charges. With the public defender’s office representing the 13-year-old, Thames would be entitled to a court-appointed lawyer if he does not retain one. Online court documents do not show a defense attorney for Thames.
No trial date has been set for Thames.
