Hearing opens for boy charged in mom’s death

Associated Press

COLUMBUS

Two psychologists testified Tuesday that an 11-year-old suspected of fatally shooting his mother at their home is not competent to stand trial and help with his defense, partly because of his age and learning disabilities, his lawyer said.

The boy’s mother was found dead of a gunshot wound to the head in January in rural Big Prairie, about 60 miles southwest of Cleveland. The boy, then 10, was charged with murder as a juvenile and entered the equivalent of a not guilty plea.

A Holmes County judge must decide whether the boy is competent for trial or could reach that level within a year, and whether he should remain in juvenile detention.

The psychologists, who met repeatedly with the child, determined he’s not currently competent for trial but disagreed on whether he could attain competency within a year, defense attorney Andrew Hyde said.

The boy, who doodled on a notepad during about six hours of testimony Tuesday, has anxiety, difficulty reading and writing and other concerns that hinder his ability to aid in his defense, Hyde said.

“He’s not a typical 10-year-old,” said Hyde, who wants to get the boy released to his grandmother’s custody. “This kid can’t even fathom or comprehend the seriousness of what he’s facing.”

Prosecutors challenge that and believe the boy’s ability to help his attorney could increase as he gets older.

“The main reason we’re going through this is because of his age,” Holmes County prosecutor Steve Knowling said. “If you took the same set of factors and put them on a 25- or 30-year-old defendant, we would not likely be going through this to this extent.”

Prosecutors argue the boy should stay in juvenile detention.

“It is a murder charge. It’s not a shoplifting charge,” Knowling said. “We think it’s safest that he remain there, for everybody.”

Knowling declined to comment on details of Tuesday’s testimony. The judge gave lawyers two weeks to provide written arguments and then will issue a decision.

If the boy is not found competent within a year, the prosecution said it could drop the charge with the option to refile it later.

An uncle has said the boy had “anger issues” and argued with his mother about carrying firewood before the shooting.

Authorities went to their home, a two-car garage converted into a living space, after the boy contacted a neighbor who called an emergency dispatcher. On a recording of the call, the dispatcher says, “I want to know what happened, tell him.”

After a garbled exchange, a voice in the background says: “I shot my mom. I shot her with a gun.”

Authorities said they found four weapons in the boy’s bedroom, including the .22-caliber rifle believed to have killed his mother.

The investigation found the boy had previous disciplinary problems, including hitting a school principal with a dustpan, but no serious violence. In juvenile detention, his only visitors have been his father, his paternal grandmother and Hyde, the attorney said.

Relatives said the boy’s parents separated weeks before the shooting.