The 10-year-old boy being held in Ohio on charges of fatally shooting his mother is unlikely to stay in prison past his 21st birthday if he is convicted.
It will stay in juvenile court, Holmes County Prosecutor Steven Knowling told AOL News. Under our law in Ohio, it would be very difficult, if not impossible, to bind a 10-year-old over as an adult. It is not something that is customarily done.
Knowling said that under normal situations the boy would be subject to juvenile court incarceration with the state youth commission until he is 21, but there are some situations where it could extend beyond 21. We are looking at those as we go through the case.
The boy, who is not being identified due to his age, made his first court appearance Monday afternoon.
He is charged with delinquency, being a delinquent child by reason of having committed intentional murder, intentionally causing the death of another by firearm, Knowling said.
During the court proceeding, the boy's lawyer, Andrew Hyde, pleaded deny on his behalf. According to Knowling, deny is a term used in juvenile court that is equivalent to a not guilty plea.
After the hearing, Juvenile Judge Thomas Lee remanded the boy back to the Richland County Juvenile Justice Center in Mansfield.
Hyde did not immediately return calls for comment from AOL News today. Speaking with The Daily Record of Wooster, he said he is still reviewing the case. He said his client understands the potential consequences as best as any 10-year-old boy can.
The boy's mother, Deborah McVay, 46, was found dead of a single gunshot wound to the head Sunday night. Her body was found inside her home in Big Prairie, an unincorporated community about 75 miles south of Cleveland. A neighbor had called police after McVay's son allegedly confessed to shooting her, police said.
Knowling said authorities are still trying to determine a motive for the shooting.
The murder weapon is believed to be a .22-caliber rifle that the boy had reportedly received as a Christmas gift from his late grandfather. The Stark County Coroner's Office has been examining the victim but has yet to comment on the status of its investigation into her death.
According to the victim's mother, Buelah Mike, her grandson has some behavioral issues.
He's bad, but there's some good in him, Mike told Cleveland's Fox 8 News.
The boy's 15-year-old sister told the news station that she was home at the time of the shooting. She said her brother and mother were arguing because he did not want to bring firewood inside the house.
Link: http://www.aolnews.com/2011/01/04/ohio-10-year-old-charged-in-moms-death-could-be-free-at-21/
It will stay in juvenile court, Holmes County Prosecutor Steven Knowling told AOL News. Under our law in Ohio, it would be very difficult, if not impossible, to bind a 10-year-old over as an adult. It is not something that is customarily done.
Knowling said that under normal situations the boy would be subject to juvenile court incarceration with the state youth commission until he is 21, but there are some situations where it could extend beyond 21. We are looking at those as we go through the case.
The boy, who is not being identified due to his age, made his first court appearance Monday afternoon.
He is charged with delinquency, being a delinquent child by reason of having committed intentional murder, intentionally causing the death of another by firearm, Knowling said.
During the court proceeding, the boy's lawyer, Andrew Hyde, pleaded deny on his behalf. According to Knowling, deny is a term used in juvenile court that is equivalent to a not guilty plea.
After the hearing, Juvenile Judge Thomas Lee remanded the boy back to the Richland County Juvenile Justice Center in Mansfield.
Hyde did not immediately return calls for comment from AOL News today. Speaking with The Daily Record of Wooster, he said he is still reviewing the case. He said his client understands the potential consequences as best as any 10-year-old boy can.
The boy's mother, Deborah McVay, 46, was found dead of a single gunshot wound to the head Sunday night. Her body was found inside her home in Big Prairie, an unincorporated community about 75 miles south of Cleveland. A neighbor had called police after McVay's son allegedly confessed to shooting her, police said.
Knowling said authorities are still trying to determine a motive for the shooting.
The murder weapon is believed to be a .22-caliber rifle that the boy had reportedly received as a Christmas gift from his late grandfather. The Stark County Coroner's Office has been examining the victim but has yet to comment on the status of its investigation into her death.
According to the victim's mother, Buelah Mike, her grandson has some behavioral issues.
He's bad, but there's some good in him, Mike told Cleveland's Fox 8 News.
The boy's 15-year-old sister told the news station that she was home at the time of the shooting. She said her brother and mother were arguing because he did not want to bring firewood inside the house.
Link: http://www.aolnews.com/2011/01/04/ohio-10-year-old-charged-in-moms-death-could-be-free-at-21/
