The Daviess County Attorney’s Office has announced arraignment dates for the two juveniles charged with murder in separate homicides that occurred last week. The County Attorney also announced intentions to set “transfer hearings,” which could move the cases from juvenile court to adult court.
Although the 16-year-old male suspect in the homicide of Gay Mee Paw was set for arraignment today, the juvenile’s newly hired private counsel requested a continuance for the next available court date, according to the County Attorney’s Office.
The continuance was granted and the new arraignment date is July 12.
County Attorney John Burlew said that this is a common request when new counsel enters a case. Burlew hopes to set a date for a transfer hearing on the new arraignment date.
The juvenile’s attorney requested that the juvenile be released with an ankle monitor pending the next court date, but that request was denied by the judge according to Burlew.
A second juvenile was also charged with crimes in connection to the homicide of Paw and faced a detention hearing this afternoon. According to Burlew, a separate judge determined that this juvenile will be detained until the next court date, which will be July 3 for an arraignment.
Burlew said he does not know at this time whether or not he will attempt to transfer the second juvenile’s case to adult court, as they were not charged with a capital offense.
The 16-year-old male suspect in the homicide of DeMarion Black faced a detention hearing today. After some testimony, the judge ruled he remain detained and set an arraignment date for July 3, according to Burlew.
Burlew said he hopes to set a date for a transfer hearing at the new arraignment date.
The process of transferring a case from juvenile court to adult court is outlined in KRS 640.010.
According to the law, after the county attorney motions to transfer the case, a preliminary hearing takes place in district court. At this point, no preliminary hearings for the juveniles have been set.
At the preliminary hearing, the district court must determine if there is probable cause and if so must consider the following conditions:
1. The seriousness of the alleged offense;
2. Whether the offense was against persons or property, with greater weight being given to offenses against persons
3. The maturity of the child as determined by his environment
4. The child’s prior record
5. The best interest of the child and community
6. The prospects of adequate protection of the public
7. The likelihood of reasonable rehabilitation of the child by the use of procedures, services, and facilities currently available to the juvenile justice system
8. Evidence of a child’s participation in a gang
9. Whether the child is a defendant with a serious intellectual disability
10. Whether the child used a firearm in the commission of the offense
If two of the conditions are met, the district court may or may not elect to transfer the juvenile to adult court.
