7 Tri-Cities teens are charged with murder. Why are some in adult court and others not?

KENNEWICK – Four Tri-Cities teenagers, including a 13-year-old, are currently facing murder charges as juveniles in Benton County.

Whether those teens will be moved to adult court hinges on a series of factors.

Already, three other teen murder suspects in Benton and Franklin counties will have their cases handled as adults. And prosecutors are trying to get the others moved, as well.

Under Washington state law, 16- and 17-year-olds charged with murder, first-degree assault or first-degree rape are transferred automatically to the adult court system.

But for anyone younger than 16, prosecutors need to ask a judge to move the case to adult court.

The process for getting a juvenile charged as an adult is referred to as a “decline” hearing because the juvenile court is declining jurisdiction of the teen.

State law limits when prosecutors can seek to move a case to adult court.

For example, a 15-year-old must be charged with a “serious violent offense,” such as murder, first-degree assault, first-degree kidnapping or first-degree manslaughter.

By law, a teen who is 13 or 14 can only face adult charges for first- or second-degree murder.

A judge must then decide whether to move the case based on eight factors laid out in a 1966 U.S. Supreme Court case. They include:

• Seriousness of the charge

Was it committed in an aggressive, violent, premeditated or willful manner

• Merit of the case
• Was there an adult accomplice
• Defendant’s maturity
• Defendant’s prior criminal record
• Prior access to the juvenile rehabilitation system

While they weren’t speaking about any specific cases, Franklin County Prosecutor Shawn Sant and former Benton County Prosecutor Andy Miller spoke with the Tri-City Herald about how the process works.

Rehabilitation and accountability

The juvenile and adult courts have different missions.

While juvenile courts have an element of holding the person accountable, they are much more focused on rehabilitating the teen, Miller said.

“There are some aspects in the adult system where treatment is a factor, and there’s certainly an accountability part to juvenile offenses,” he said. “In the adult system, it’s probably accountability first, treatment second. In juvenile court, it’s rehab and treatment first, accountability second.”

This is based on the thought that teens generally are more malleable and easier to direct away from a life of crime, while adults are likely more settled in their ways.

The question of whether the youth could turn his or her life around is at the center of whether prosecutors follow through with asking a judge to move a case to adult court, Sant said.

While they can change their decision later, prosecutors need to choose early on whether to pursue adult charges.

They often look at the seriousness of the crime combined with how mature the person is.

For example, they can consider whether the teen was working with others in a gang.