BURLINGTON, Vt. (WCAX) – What criteria will a teen accused of participating in a Burlington murder have to clear to have his case heard in family court?
That decision could be the difference between the possibility of the 16-year-old South Burlington youth spending years in an adult prison or facing lesser consequences as a youthful offender.
The 16-year-old — along with fellow suspect Isaiah Argro, 26, of Queens, New York — pleaded not guilty Tuesday to second-degree murder in the August 11 assault of Scott Kastner.
Police say video evidence shows Argro threw the first punch in the fight that spilled into the alley between Church Street and City Hall Park. Officers say the teen then followed suit, hitting Kastner in the head six times with his fists and feet. Police say Kastner took at least 21 blows to the head in less than two minutes. He was taken to the hospital with brain bleeding and died a few days later due to his injuries.
The 16-year-old was originally charged as an adult in the case, but on Wednesday, after a request from the teen’s lawyer, Judge Robert Katims agreed to move the case into family court temporarily, meaning further information in his case will be confidential.
Judge Katims, with input from the Department for Children and Families, will have to make the final determination of whether the suspect should be handled in family court. That decision will be based, in part, on a risk and needs screening, looking at the nature of the alleged crime, the suspect’s mental health, potential drug use, housing, education, employment, and whether he has a prior criminal history. If granted youthful offender status, the potential punishment would mean going through the court diversion process or restorative justice.
“Somebody who is young hasn’t had full brain development, impulse control, can often get themselves in trouble. And for the purpose of society, this individual is this young, let’s try to get them on the right track,” said Rep. Martin Lalonde, D-South Burlington, a strong supporter of youth criminal justice reform efforts at the Statehouse.
All the so-called “Big 12” crimes — including murder and aggravated assault — start with criminal court but can be transferred to family court. Starting this year, those 16 and up can also be tried in adult court for an additional three crimes — aggravated stalking, drug trafficking, and committing a felony with a firearm.
If the teen is treated as a youthful offender and later violates probation, a judge can send the case back to criminal court.
Until the 16-year-old’s status is determined, he is being held without bail.
