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Logan • The 16-year-old Cache County boy charged as an accomplice in the shooting of 14-year-old Deserae Turner will stand trial in adult court, a judge ruled Monday.
Last week, 1st District Juvenile Court Judge Angela Fonnesbeck listened to two days of testimony about the boy, who is accused of plotting Turner's death with another 16-year-old boy who allegedly shot Turner on Feb 16.
Fonnesbeck ruled Monday that while it was in the youth's best interest for the case to stay in juvenile court, his defense attorney did not show that the public would be adequately protected.
Now the teen defendant, Jayzen Decker, will face the same penalties as an adult, if convicted. He is charged with first-degree felony counts of attempted aggravated murder and aggravated robbery, along with four counts of second-degree felony obstructing justice. The attempted aggravated murder charge carries a maximum penalty of 15 years to life in the Utah State Prison.
Decker is expected to make his initial appearance in district court on Thursday.
The accused triggerman is charged with the same crimes in the juvenile court system, and Fonnesbeck heard evidence about his case on Monday, and will hear more on Tuesday, before deciding if he will also face trial in the adult system.
The Salt Lake Tribune generally does not identify juveniles charged with crimes until they are certified to stand trial in adult court, as Decker now has been.
On Monday, Fonnesbeck said that while it is undisputed that Decker did not fire the bullet that struck Turner in the back of the head, he was the first to suggest getting rid of Turner. He also allegedly brought a knife to the crime scene, made efforts to keep Turner in the remote area near a Smithfield canal and encouraged his friend to shoot, the judge found.
"He may not have pulled the trigger himself," Fonnesbeck said, "But … he has not convinced this court that he is any less of an actor or less culpable in any way."
The teens are accused of luring Turner to the canal that day under the guise of selling her a knife. Prosecutors allege that each boy brought a knife, with the intent of slitting the girl's throat, according to charges, but they ultimately decided to fire a gun instead. After the shooting, the boys allegedly took cash and electronics from Turner's backpack.
As Fonnesbeck read her ruling Monday, Decker showed no emotion. But he fidgeted and bounced his leg throughout the hearing — an action that two defense witnesses said last week could be an indicator of attention deficit hyperactivity disorder (ADHD).
In her ruling, the judge noted that it appeared that Decker has undiagnosed ADHD. Fonnesbeck noted that Decker was described by experts as "naive," but that one expert found the boy appeared to show signs of deception and lack of empathy.
Defense attorney Shannon Demler said he was disappointed with the judge's ruling, but not surprised.
Demler said he expects to take the case to trial in adult court, where he "can fully put out our side of the story" — something that he added hasn't happened up to this point.
"We're going to argue every step of the way to prove his innocence," Demler said.
Cache County Attorney James Swink said Monday that he felt the judge made the right decision to send Decker's case to adult court. Prosecutors now will ask Fonnesbeck to do the same for the teen accused of shooting Turner.
"These kinds of decisions and days are not easy," Swink said. "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 the quality of life that the victim has experienced … we also feel deeply for the loss in our community, the loss of safety and the fear that's been instilled in others. And we believe that the court's decision today goes a long way to help heal us."
Turner's parents reported her missing Feb. 16 after she did not return home from school. Two women who knew her family decided to walk a trail near the canal that evening and spotted the girl, according to preliminary hearing testimony. They covered her with their coats, the women testified, and called 911. Initially, medics thought the girl needed treatment for hypothermia, according to testimony. Later, they found the gunshot wound.
After being hospitalized for nine weeks, Turner was released April 20. Her mother testified last week that the bullet caused a traumatic injury to the right side of her daughter's brain, and, as a result, the left side of her body is not functioning properly. She has no function in her left arm and hand, the mother said, and her vision has been impacted. Doctors aren't sure of the extent to which the girl will recover, the mother testified.
Also on Monday, David Perry, the defense attorney for the accused triggerman, began presenting testimony in an effort to keep his case in juvenile court.
Psychologist Matthew Davies testified that the teen was anti-social and emotionally immature, but had scored as a "low risk" to public safety. But Davies did not consider Turner's shooting when evaluating the teen, he said, because he wanted to protect the boy's rights against self-incrimination.
Deputy Cache County Attorney Spencer Walsh questioned the validity of the assessment if Davies did not consider the shooting when determining risk to public safety, and questioned whether Davies was biased in his evaluation.
Several people who knew the teen also were called to testify about his gentle nature. One 15-year-old girl said he was "kind to everyone and everything, including animals."
Perry also called one of his former clients, Dax Paz, to testify about how difficult it was to go to prison at age 18.
"It was scary, dude," Paz testified. "You're in there with all kinds of people."
In prison, Paz said, a young person is faced with few choices: Either keep to themselves, get involved in the "politics" of gangs or "you can become somebody's personal toy."
Testimony is expected to resume on Tuesday.