AUGUSTA, Kan. — Questions still linger after two Augusta teens arrested in connection to the murder of 93-year-old Joanne Johnson. There are a lot of factors that go into whether prosecutors will attempt to try the suspects in this murder case as adults. The real question is, how realistic is it? And, how realistic is it they will succeed?
Wichita attorney Dan Monnat says prosecutors will have to jump through a lot of hoops. First, Monnat says it is important to remember that juveniles are not adults. Only in extreme cases will a prosecutor ask a judge to treat a child as an adult.
“In that circumstance, the prosecutor has to file a motion and the judge has to find by the greater weight of the evidence that the community will be better served by the child being treated as an adult,” Monnat said.
There are several key factors for a judge to consider when making that decision, including the
seriousness of the crime.
“Whether the offense is against a person or a piece of property, whether the offense is committed in an extremely aggressive, violent or premeditated way,” Monnat said.
The judge will also consider the juvenile’s homelife and upbringing and their mental status.
But will that happen? It’s hard to know.
“Not every case is the same. Not every murder case is the same,” Monnat says. “I don’t think there is any way we could generalize to say that yes, fair-minded, wise prosecutors always seek an adult prosecution where a juvenile is arrested or accused of murder.”
Monnat says that if the suspects are tried as adults they could face life in prison. However, if they are tried as juveniles, they would face a minimum of 60 months in a Kansas juvenile correctional complex with a maximum imprisonment until they are 22 ½ years old.
They could also receive both a juvenile and adult sentence and the adult sentence would be stayed. But if they do violate the conditions of the juvenile system, they would receive that adult sentence.
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