Channel 2 got it wrong

Read this story about a 14-year old who is accused of murdering a wrecker driver during a robbery attempt.

Now, watch the video that accompanies it. Bill Balleza says that because the 14-year-old is charged with capital murder he could get the death penalty. Later into the video, reporter Daniella Guzman quotes assistant District Attorney Kelli Johnson as saying he could get the death penalty or life in prison. One small problem with this assertion is that they are dead wrong. State law says:

§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
person may not be prosecuted for or convicted of any offense that
the person committed when younger than 15 years of age except:
(1) perjury and aggravated perjury when it appears by
proof that the person had sufficient discretion to understand the
nature and obligation of an oath;
(2) a violation of a penal statute cognizable under
Chapter 729, Transportation Code, except for conduct for which the
person convicted may be sentenced to imprisonment or confinement in
jail;
(3) a violation of a motor vehicle traffic ordinance
of an incorporated city or town in this state;
(4) a misdemeanor punishable by fine only other than
public intoxication;
(5) a violation of a penal ordinance of a political
subdivision;
(6) a violation of a penal statute that is, or is a
lesser included offense of, a capital felony, an aggravated
controlled substance felony, or a felony of the first degree for
which the person is transferred to the court under Section 54.02,
Family Code, for prosecution if the person committed the offense
when 14 years of age or older; or
(7) a capital felony or an offense under Section 19.02
for which the person is transferred to the court under Section
54.02(j)(2)(A), Family Code.
(b) Unless the juvenile court waives jurisdiction under
Section 54.02, Family Code, and certifies the individual for
criminal prosecution or the juvenile court has previously waived
jurisdiction under that section and certified the individual for
criminal prosecution, a person may not be prosecuted for or
convicted of any offense committed before reaching 17 years of age
except an offense described by Subsections (a)(1)-(5).
(c) No person may, in any case, be punished by death for an
offense committed while the person was younger than 18 years.

I'm just curious. Who said a 14-year old can get the death penalty? Was it ADA Johnson? If so, then it looks bad on her. If the news reporters said it (misquoting the ADA), then we just shake our heads and hope the public realizes the truth.

Posted by Jason @ 12/04/07 10:27 AM | Houston Miscellany | Technorati | Sphere | Comments (3)

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