Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, March 5, 1990 TAG: 9003052255
SECTION: VIRGINIA PAGE: B3 EDITION: EVENING
SOURCE:
DATELINE: LENGTH: Medium
NORFOLK - Authorities have apparently chosen psychiatric treatment over prosecution for an 8-year-old boy suspected of killing his infant brother.
For two months, police and prosecutors have debated the delicate question of the boy's accountability.
Last week, the state apparently chose psychiatric treatment over criminal prosecution.
The boy - whose name is being withheld because of his age - told his mother that he had been holding his 3-month-old brother when the infant stopped breathing. The Jan. 4 death was classified a crib death.
But 10 days later, under questioning from his mother, the 8-year-old gave a different story: He said he had smothered the baby, then put his body back on the bed beside his sleeping mother.
Soon afterward, the family contacted homicide detectives.
Two frightening points emerged during the police investigation, police and the mother said. Two years earlier, the boy had tried, unsuccessfully, to smother another brother. And on the night of the infant's death, the boy said, he heard the voice of his father, who no longer lives with the family.
The voice, the boy told police and his mother, said, "Kill [the infant]. Kill him for me."
Under Virginia law, a child of 10 or younger can be charged with homicide and tried in juvenile court. However, at that age, a child cannot be placed in prison or a detention home. Instead, the child can be admitted for psychiatric care, or custody can be given to another adult.
The boy was admitted in January to the children's wing of Eastern State Hospital near Williamsburg for psychiatric care, homicide Sgt. Danny Williams said.
During a meeting Tuesday, Assistant Commonwealth's Attorney Lenita Ellis, who specializes in juvenile law, told police the boy would not be prosecuted because of his age. Ellis said the main priority is getting help for the child, police at the meeting said.
If the boy had been 11 or older, his treatment might well have been much different. At that age, the state can prosecute a child, certify him as an adult and even send him to prison or a detention center.
The mother defends the boy and doesn't believe he heard his father's voice.
"I'm glad he's not charged with murder," she said, "But . . . he's not psychotic. He's not hearing voices."
Assistant Chief Deputy Commonwealth's Attorney Jack Doyle III said Thursday the case is still being investigated.
But the mother said the commonwealth's attorney's office told her last week the boy will not be charged.
"As far as we're concerned, the case is closed," Capt. Curtis Todd said Friday. "We believe the boy took his brother's life. Whether it's murder - whether there was premeditation - that's another question," Todd said. "The child's intent was probably not to kill the little baby, but that was the final result."
Martin Kline, assistant director of administration at Eastern State, would not discuss the boy's case Friday. "We consider this type of case a rare occurrence," Kline added.
by CNB