JoCo prosecutor wants to try 14-year-olds as adults for murder in Olathe shooting. That’s rare.

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By Dan Margolies 

Six teenagers have been charged in the fatal shooting of a 19-year-old Smithville man at an Olathe park on Saturday, and the Johnson County District Attorney’s office is seeking to try four of them — all 14 years old — as adults. The other two teens are 13 and can’t be tried as adults under Kansas law.

The teens face felony murder charges in the death of Marco Cardino, a 2021 SM West graduate, who was found with multiple gunshot wounds shortly before 4 a.m. in Black Bob Park.

Three of the teens whom District Attorney Steve Howe is seeking to try as adults are males; one is female.

Here’s a brief explanation of the law governing when and under what circumstances juveniles can be tried as adults in Kansas.

How often are juveniles prosecuted as adults in Kansas?

Not very often. Statewide just 24 juvenile cases were transferred to adult court out of more than 6,200 dispositions in the fiscal year ending in June 2019, the most recent year for which figures are available.

In Johnson County that year, just six cases were transferred to adult court. And it’s exceedingly uncommon for 14-year-olds to be prosecuted as adults, according to criminal defense attorneys who handle juvenile cases.

“I had a case that I handled in Johnson County recently, but I think he was 15,” says Kate Zigtema, a Johnson County attorney who specializes in juvenile cases. “I had one in another jurisdiction, but sadly that one didn’t proceed to a hearing because the child killed himself.”

How is a juvenile prosecuted as an adult in Kansas?

In what’s known as a “waiver” procedure, the district attorney may file a motion requesting the court to authorize prosecution of a juvenile as an adult under the applicable criminal law. A judge then determines whether there’s enough evidence to prosecute the juvenile as an adult.

The presumption of juvenile status does not apply, however, in certain situations. For example if the alleged offense was a so-called person felony such as robbery, rape or murder, the presumption doesn’t apply. Likewise, if the juvenile is facing a felony charge and has been previously convicted of a felony.

What are the disadvantages of being prosecuted in adult court?

Conviction in adult court can result in a much more severe sentence than a conviction in juvenile court.

If you’re convicted in juvenile court — it’s called an “adjudication” in Kansas — and committed to a juvenile correctional facility, you can be sentenced to anywhere from three months to several years, up to a maximum age of 22 ½ years old. In adult court, you can be sentenced to life in prison.

It’s also much more difficult to expunge an adult conviction. If you’re adjudicated in juvenile court, you can ask the court to expunge your record two years after completing your sentence if you’ve stayed out of trouble (traffic tickets excluded) during that time.

And compared to an adult conviction, a juvenile adjudication is less of a barrier to getting a job. For example, many job applications ask if you’ve ever been convicted of a crime. If you’ve been adjudicated as a juvenile, the answer is “no.”

Are there alternatives to prosecuting juveniles as adults?

Yes. The district attorney can move to have a case designated as an “extended jurisdiction juvenile prosecution,” which exists midway between the regular juvenile court process and the adult prosecution process.

In such a proceeding, a juvenile is given both a juvenile sentence and an adult sentence. The adult sentence is stayed pending successful completion of the juvenile sentence. If, however, the juvenile violates the terms of his or her juvenile sentence or commits a new offense, the adult sentence may be imposed in some circumstances.

KCUR 89.3 is Kansas City’s NPR affiliate public radio station. You can read and listen to more of their reporting at kcur.org.

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KCUR 89.3 is Kansas City’s NPR affiliate public radio station. You can read and listen to more of their reporting at kcur.org.