Reverse waiver hearing starts for boy, 12, charged with killing his mother in Milwaukee

WAUWATOSA, Wis. (CBS 58) --The 12-year-old boy charged with killing his own mother in Milwaukee appeared in a Wauwatosa juvenile court on Monday, March 11, for a reverse waiver hearing.

Questions continue to linger with regard to whether the boy will be tried as a minor or as an adult.

The boy was automatically charged as an adult for allegedly shooting and killing his own mother in November 2022.

Typically, a reverse waiver hearing means a juvenile prosecuted as an adult in criminal court may petition to have their case "waived back" to the juvenile court system--but in this case, it's different. The boy was initially charged as an adult, but his case has never been in adult court.

"This is a difficult case," said Assistant District Attorney Gil Urfer, during opening statements. "I don't think there's anyone in this room or anyone involved in the case that does not think this is one of the most challenging situations that they have seen in their respective careers."

Last July, the judge deemed him competent to stand trial as an adult. His attorneys, however, have filed a reverse waiver report in hopes of keeping him in juvenile court with the main reason being having access to treatment in the long run.

"Adequate treatment for a little boy who must live with the gravity and the weight of this tragedy every day for the rest of his life," said the boy's attorney, Tanner Kilander.

The minor's attorneys also spoke of an incident that happened in October 2021 where he was playing on a swing at recess, fell off and landed on his head, causing a concussion that may have caused long-term health issues.

The state, however, believes emotion should be left out of the equation and instead, proceed with facts.

"We need to get this right and it doesn’t diminish the accessibility to Lincoln Hills and Mendota as sources of treatment for whatever issues he has or develops, but to put him back into the juvenile system severely limits the protection to the public," added Urfer.

Dr. Michael Caldwell took the stand Monday. He currently works under the psychology department at the University of Wisconsin-Madison and has previously worked as a senior staff member at the Mendota Juvenile Treatment Center.

He said the boy has shown some signs of anxiety, depression and a disordered sense of reality.

"This is a description of just a pattern that we're seeing with him, and that would fit with the category of Schizophreniform disorder," Dr. Caldwell said.

He noted several times that this was a descriptive diagnosis as opposed to a clinical diagnosis and that it is slightly different than an actual diagnosis of schizophrenia.

"The primary feature was this kind of magical thinking, weak sense of reality that's more characteristic of a much, much younger child and I think is more likely to dissipate as he gets older," Dr. Caldwell added.

When cross-examined, Dr. Caldwell concluded "no profound deficits" were found.

Lynn Bade, a human service worker for Youth and Family Services, also testified to talk about what she has seen in terms of support for those who are in the juvenile court system.

Two more doctor witnesses are expected to take the stand Tuesday, and the judge is expected to make a decision as to how the case will proceed by Wednesday.

The boy faces a felony count of first-degree intentional homicide, which could mean life in prison for the minor. His cash bail remains at $50,000 with conditions of bail.