The horrific events in Burlington that left a couple dead and focused suspicion on their young son lays bare difficult and complex questions:
How should the criminal justice system best deal with a 12-year-old suspected of murder? Should he be charged as a juvenile or as an adult?
A firm answer depends upon a close look at the circumstances, the details of which have not been made public.
But an examination of the options suggests that taking the route through adult court may give authorities the best framework to tailor the punishment to fit the crime.
That might seem anathema to the sensibilities of many who see a pre-teen, and wonder how he could possibly share equivalent culpability with a fully mature suspect.
We share those concerns. And we cannot stress enough that the details of how Charles and Marilyn Long were shot to death will dictate the most appropriate approach.
But if the circumstances support a murder charge, the Division of Youth Corrections, run by state human services, may not be the right choice.
If that option is followed, the maximum sentence is five years. Would that be enough for two murders — even by a child? Most Coloradans might conclude that it wasn’t nearly enough. And we haven’t even begun to talk about the injuries inflicted upon two other children in the house, a 9-year-old and a 5-year- old.
The district attorney in charge of the case certainly appears to be feeling the weight of the decisions before him.
Robert Watson, the 13th Judicial District attorney, said he is considering all factors in the case before deciding whether to ask a judge to move the case to adult court.
“This is not the type of thing you expect a 12-year-old boy to do,” Watson said. “I am not going to take this decision lightly.”
In recent years, Colorado has changed its laws to provide greater oversight in decisions to charge youths as adults.
And lawmakers have created the possibility for parole after 40 years for juveniles sentenced to life in prison after having been convicted of murder in adult court.
It was a good modification in the law, and makes sense when considered in the context of a 12-year-old possibly charged with murder.
In this circumstance, prosecutors tell us it could be possible to negotiate a sentence that would be first served in the youth system, followed by a transfer to the adult system at age 18.
A negotiated plea deal could include a proviso that the adult sentence would be considered a “backup” that would be invoked if the intensive counseling, therapy and education in the youth system didn’t bring the inmate to a status where he could be safely released.
At this point, we realize this is an abstract exploration of options based on little in the way of specifics.
We trust those involved in the case are carefully evaluating the facts and will pursue the alternative that best suits this disturbing case.
