HARRIS COUNTY, Texas \u2013 A 14-year-old is facing a murder charge in connection with the fatal shooting of 15-year-old Royce Witchet \u2014 but whether that teen will ever be prosecuted as an adult is a question that won\u2019t be answered anytime soon.<\/p>\n
The shooting happened around 2:40 p.m. Tuesday on a sidewalk outside Westfield High School, where Witchet was a student. Deputies arrested the accused shooter roughly 24 hours later during a traffic stop. He is now charged with murder, a first-degree felony, the sheriff\u2019s office confirmed Thursday.<\/p>\n
What happens first in juvenile court<\/p>\n
At 14, the accused is at the minimum age to be considered for certification as an adult. But before that decision is ever made, there is a lengthy process that plays out entirely within the juvenile system.<\/p>\n
Houston attorney Rick DeToto of DeToto Law Firm, said it could be six months to a year \u2014 give or take \u2014 before prosecutors even decide whether to ask a judge to certify the teen as an adult.<\/p>\n
\u201cIt\u2019s not a snap decision,\u201d DeToto said. \u201cThey are working with juveniles, younger people, and they do a very thorough job in trying to make a determination if they should go forward with certification.\u201d<\/p>\n
The certification process, explained<\/p>\n
The district attorney\u2019s office must first conduct its own internal review \u2014 speaking with investigators, consulting with the victim\u2019s family and gathering as much information as possible about the juvenile before making any recommendation to the court.<\/p>\n
If prosecutors decide to seek certification, the case moves to a hearing that functions somewhat like a mini-trial. Before that, evidence must be shared with the defense, a psychological evaluation must be completed, and only then does a juvenile judge begin weighing all the factors \u2014 including the teen\u2019s maturity and sophistication \u2014 before deciding whether to transfer the case to adult court.<\/p>\n
\u201cThe ultimate decision is up to the judge,\u201d DeToto said. \u201cFirst, the DA\u2019s office makes a decision if they\u2019re going to take that path. They file the paperwork with the court and then the court does some things to get ready for the hearing to make that determination.\u201d<\/p>\n
How the facts of a case can influence the outcome<\/p>\n
DeToto said the circumstances of a crime can carry significant weight when a judge considers certification \u2014 and the nature of this case is notable.<\/p>\n
\u201cA 14-year-old that allegedly committed an execution-style murder \u2014 that would probably weigh towards possibly certifying the person, as opposed to maybe someone that has a gun at school and then accidentally goes off and kills somebody,\u201d DeToto said. \u201cI think definitely the facts of the case are something that both the district attorney\u2019s office and the court will look at to make a determination if that person should be certified. It\u2019s a case-by-case basis.\u201d<\/p>\n
However, the suspect\u2019s young age works in the opposite direction.<\/p>\n
\u201cI think that the age of the child, the younger the child, depending on the circumstances, it weighs against certification,\u201d DeToto said.<\/p>\n
Beyond age and the nature of the crime, judges and prosecutors may also examine a juvenile\u2019s background, psychological history, school record, prior behavior and any known gang affiliations before making a final determination.<\/p>\n
What changes if the teen is certified as an adult<\/p>\n
If a juvenile judge ultimately decides to certify the teen, the transfer to adult court would happen quickly \u2014 often the same day.<\/p>\n
\u201cThat day or shortly after, they should be picked up and transferred over to the Harris County Jail,\u201d DeToto said. \u201cThat\u2019s kind of a scary thing when you have a 14-year-old, 15-year-old that\u2019s certified as an adult that\u2019s transferred over to the Harris County Jail.\u201d<\/p>\n
DeToto, who has handled similar cases over a 30-year career, said that once a juvenile is transferred to adult court, defense attorneys can often secure a bond \u2014 which doesn\u2019t happen when a case is in the juvenile system.<\/p>\n
\u201cThey\u2019re most likely going to be held while the case is pending on a murder or a capital murder type case,\u201d DeToto said.<\/p>\n
A detention hearing is generally held every 10 working days while a juvenile is in custody to determine if they can be released, but bond is not an option.<\/p>\n
For now, DeToto believes the accused teen will remain in custody.<\/p>\n
\u201cI suspect that the district attorney\u2019s office is going to seek that he be detained,\u201d DeToto said. \u201cI think that the judge is going to detain him while his juvenile case is pending.\u201d<\/p>\n
Juvenile proceedings remain confidential<\/p>\n
One key difference between adult and juvenile court is transparency \u2014 or the lack of it. Juvenile proceedings are largely confidential by design, meaning the public will have limited access to details about what happens next in this case.<\/p>\n
\u201cIt could be frustrating for the public because everything is done confidentially and no one\u2019s going to get to the internal workings of it,\u201d DeToto said. \u201cBut I\u2019ve been doing this for 30 years and I\u2019ve done this a couple of times. It\u2019s a very well thought out process that a lot of people get to look at and make decisions on.\u201d<\/p>\n
DeToto noted that the confidentiality of the juvenile system exists to protect young people who make mistakes \u2014 not to shield suspects in serious criminal cases from accountability.<\/p>\n
\u201cThe purpose of the juvenile system is rehabilitation,\u201d he said. \u201cThe job of the district attorney\u2019s office and the justice system is to sit back and look at everything and make an informed decision if they should or should not go forward on that.\u201d<\/p>\n
As the legal process unfolds, Witchet\u2019s family is planning to speak publicly Friday afternoon. Investigators have not yet said whether the two teens knew each other or disclosed a motive for the shooting.<\/p>\n
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