An 8- and 10-year old have each been charged with a pair of felony burglaries after incidents that were reported recently.
According to an Owensboro Police Department official, the juveniles acted together to commit both burglaries. Each juvenile is facing one count each of second- and third-degree burglary. Per state law, the names of juveniles involved in crimes are kept confidential.
OPD charged but did not arrest the juveniles Sunday after consulting with Daviess County Attorney Claud Porter.
Porter said that he worked with OPD to understand if there was significant probable cause to charge the juveniles; however, he doesn’t plan to have the case make it to the courtroom.
The first incident occurred at a residence in the 1700 block of E. 22nd Street on Feb. 15, according to OPD reports. That resulted in the second-degree burglary charges, which are a Class C felony.
The second incident occurred at a parking lot/garage in the 2200 block of McConnell Avenue on Feb. 20, according to OPD reports. That resulted in the third-degree burglary charges, which are a Class C felony.
Porter has said that he typically would not charge juveniles of that age, but doing so allows property owners to seek damages.
“Because of their ages, I will probably just ask [the court] to dismiss it,” Porter said. “(This is) a 10-year-old and an 8-year-old. I just wondered where the parents were what they were doing.”
Porter noted that according to state statute KRS 405.025, the parent/guardian would be responsible for any damage. Per that statue, the parent or guardian of any unemancipated minor “against whom judgment has been rendered for the willful marking upon, defacing or damaging of any property, shall be liable for the payment of that judgment up to an amount not to exceed twenty-five hundred dollars ($2500).”
