LOGAN — A judge ordered Monday that one of two teenagers accused of shooting and attempting to kill 14-year-old Deserae Turner be tried as an adult and began hearing evidence to decide if the second teen will join him.
First District Juvenile Judge Angela Fonnesbeck said even though evidence in the case shows that Jayzon Decker, 16, didn't shoot Deserae, there is reason to believe he is the one who developed the plan to kill the girl and signaled to his friend when the moment came to carry it out.
"He may not have pulled the trigger himself, but he did take a deliberate and specific action to ensure the crime would be committed," Fonnesbeck said. "There was plenty of time for the defendant to step away from the crime, and he did not do so."
In a two-day retention hearing last week, prosecutors argued to move the case to the adult system, saying they believe Decker was the one who came up with the idea to kill the girl. They also laid out the impact that the shooting has had on the community, leaving students afraid to go to school, and causing permanent damage to Deserae and her family.
A similar hearing for the teen accused of pulling the trigger began Monday and will continue through Tuesday. The boy, also 16, told police he became annoyed by Deserae's frequent Snapchat messages, leading Decker to suggest they get rid of her.
The Deseret News has chosen not to identify the second teen at this time.
Accused accomplice
Decker's attorney, Shannon Demler, told the judge there is little evidence linking the boy to the crime and argued extensively that Decker is a better fit for juvenile court because of his age, possible attention deficit hyperactivity disorder and a belief that his cognitive development may be marginally delayed because he was born a premature twin.
While Fonnesbeck said Monday she agrees those factors and the possibility for Decker to be rehabilitated among his peers would be better served in juvenile court, they are outweighed by considerations of public safety and fear, and the level of culpability Decker appears to have in the alleged crime.
Fonnesbeck noted that while it is undisputed Decker did not hold the gun that day, it is believed he was the first to suggest they "get rid of" Deserae, and that he brought a knife to the canal after suggesting slitting the girl's throat would be quieter than shooting her. The gun was supposed to be a backup plan, according to prosecutors.
The judge also said there is evidence Decker took deliberate actions to keep Deserae at the canal so the boys could wait for the right moment to attack her, allegedly pretending to lose a ring in the mud to stall the girl. It was Decker who is believed to have given the predetermined nod signaling it was time to kill Deserae, and who then "ripped the backpack off what he believed was a dead or dying young woman" before helping to dispose of the evidence, Fonnesbeck said.
Finally, Fonnesbeck pointed to the shell casing Decker allegedly retrieved and then displayed on his windowsill as a "memento" of the shooting.
Decker is charged with attempted aggravated murder and aggravated robbery, first-degree felonies, and four counts of obstruction of justice, a second-degree felony. In the adult system, the attempted aggravated murder charge carries a potential prison sentence of 15 years and up to life in prison.
The alleged gunman faces the same charges, which currently remain in the juvenile system.
According to police, the two friends lured Deserae to join them after school on Feb. 16 under the guise of buying a knife, shot her once in the back of the head at close range, stole her belongings and left her in a dry section of a dirty canal in Smithfield.
Deserae was found hours later. Following a remarkable recovery, she was released from the hospital April 20, expressing her gratitude for the countless strangers who supported her and prayed for her recovery. The girl said she is "tougher than a bullet," noting that the .22-caliber bullet is irretrievably lodged in her skull.
Following the decision, Demler said he was disappointed but not surprised by the judge's decision and is preparing to lay out his client's side of the story as he continues to represent him in the adult system.
"Now in the district court we can fully put out our story and what we believe our involvement was, and we feel that in the end he will be found not guilty of the crimes he has been alleged of committing," Demler said.
"These kinds of decisions and days are not easy," Cache County Attorney James Swink said of the judge's order "We believe that a good measure of justice was brought forward today for the victim's family. While we feel the deep tragedy and loss of quality of life the victim has experienced over the past several months and for the rest of her life, we also feel deeply for the loss in our community. The loss of safety, the fear that's been instilled in others, and we believe the court's decision today goes a long way to help heal us."
An arraignment hearing for Decker is scheduled for Thursday before 1st District Judge Thomas Willmore. As the case proceeds, Decker will continue to be held in a juvenile facility. Demler said he intends to ask for bail for Decker.
Second teen
As a certification hearing began Monday for the teen accused of shooting Deserae in the head, prosecutors revealed troubling details about the boy's internet search history leading up to the shooting.
Prosecutor Spencer Walsh described the kinds of things the teen had been looking at online: The dying quote from executed killer Robert Alton Harris; details about convicted murderer Robert Gleason, who killed two more people in jail before asking for the death penalty; a website featuring videos of cartel killings and ISIS executions; and a disturbing and violent image of an apparently dead naked woman.
Psychologist Matthew Davies said his evaluations of the teen didn't include the search history or questions about the boy's alleged crimes. Davies said he didn't ask the teen about the allegations to protect his constitutional rights, but he did read police reports.
Davies said the boy was respectful and forthcoming in their interview and noted that his assessment determined the teen had no prior criminal history or violent tendencies and did not appear to be a danger to the community, but that he may have trouble managing angry feelings.
According to Davies, the boy reported he "lost interest in school" in fifth and sixth grade, around the same time his father was diagnosed with cancer. The boy told Davies he didn't have many friends in junior high school, describing himself as depressed. But while he eventually opened up to his parents about his feelings, he didn't connect with his counselor, and eventually stopped the meetings and the medication he had been prescribed.
Davies also testified that because juveniles' brains are not fully developed, a growing body of research indicates they should be treated differently than adults in the legal system, and that they are at greater risk for violence and abuse in an adult correctional facility.
The teen's attorney, David Perry, invited a former client who was sent to prison at age 18 to testify Monday. Dax Paz, of Logan, described arriving at the prison at a young age was "like being a minnow in a shark tank."
Young and vulnerable inmates in prison are at risk of becoming prey to physical, sexual or emotional abuse, Paz testified. The only option he saw was to try to remain aloof, join gang "politics" or "become a toy for someone."
Perry also called a 15-year-old girl who has been friends with the teen since childhood to the stand. She described him as kind and never rude, but sometimes insecure about himself. She insisted the teen had never been violent or talked about violence.
"He was kind to everyone and everything, including animals," the girl testified, explaining the teen had a cat and some bunnies.
The girl testified that the teen has written her since his arrest, describing life in the detention facility but not addressing the allegations against him. However, the girl said he has expressed "lots and lots of guilt" about the charges against him.
A neighbor who had known the teen for 14 years testified she often helped him with his homework and he would work in her yard. The woman said she also visited the teen in juvenile detention where he has been held since his arrest.
"I was his adopted grandma, and I still love him," the woman testified, while the shackled teen dabbed his eyes with a tissue.
As the hearing continues Tuesday, the teen's parents and sister are expected to testify about his kind nature as well as his issues with depression.
Prosecutors intend to call their own expert to rebut the defense's evaluations, as well as a classmate to testify about statements he says he heard the teen make regarding violence toward animals and his hypothetical ideas about how he would carry out a school shooting.