On 2004-03-16 14:21:00, Anonymous wrote:
"Bottom line, these are troubled teens, are they not? To suddenly expect (demand) that they be tried as adults is preposterous. No one knows why they wanted to escape and what their intentions were when they hit the counselor. Without a second staff member on duty, the only witnessess are the children, themselves. Will they be believed? Can the 2 teens get a fair trial in a small, close-knit community like Cedar City? Why murder and not manslaughter? Where are the facts to support these boys intended to murder their counselor? Other kids who have planned and attempted escapes have attacked their counselors (RED CLIFF ASCENT), tied them up, stolen food and supplies, etc. They were not trying to murder anybody.
"
Unfortunately, leaving him in a closet to die of his injuries counts as depraved indifference, which makes it murder.
If they had called 911 and ordered the guy an ambulance before they finished running off, or told another kid, or given the guy first aid and slid a note under another kid's door to help him, or phoned 911 from a pay phone (free call) as soon as they got to one to get an ambulance to him, their lawyer would be able to use that to argue the case down from murder to manslaughter *if* the guy had still died.
By making no effort to see the guy got help or medical care, even if they didn't intend to kill him, they showed depraved indifference to whether he lived or died. Hence the murder charge.
I suspect they were just trying to get away. Where they made their biggest mistake was in not calling the guy an ambulance just as soon as they could get to a phone.
It was also a mistake to beat the guy unconscious, rather than just overpowering him and gagging him with a pair or two of socks, tying him to a chair, and then also calling 911 for an ambulance at their earliest convenience (risk of positional asphyxiation).
The 911 call would have pinpointed their location, but if they then took off immediately they had as much chance of escaping as they did in the first place.
Problem was, they were kids and kids lack judgement---which is one reason in favor for trying them as juveniles.
If they're tried as adults, if I were their defense attorney I'd argue that they weren't indifferent, but that due to their poor judgement (as a result of their not being fully adult) they didn't perceive that the counselor was in danger of dying.
But that's the defense's job. The prosecutor's job is to push hard enough he can maybe talk the defense into a plea agreement before they have to take it to court.
Their best option is probably to cop a plea if they can get one.