State, defense rest case in reverse waiver hearing for Milwaukee boy, 12, charged with killing his mom
MILWAUKEE COUNTY, Wis. (CBS 58) — A Milwaukee child charged with first-degree intentional homicide may be moved from adult court to juvenile court, pending a judge's decision after a long reverse waiver hearing.
The boy was charged in November of 2022 after shooting and killing his mother. He was 10 years old at the time.
He was automatically charged as an adult and has been in juvenile custody for nearly 23 months.
Judge Jane Carroll ordered media outlets not to name the boy, who is now 12 years old, due to his young age.
Tuesday, Oct. 8 was the last day of arguments in the reverse waiver hearing, which has been active since March.
The judge must consider three factors for a waiver: if the juvenile cannot receive adequate treatment in the adult system, if the waiver would not depreciate the seriousness of the offense, and if it's not necessary to deter other potential offenders.
The defense called a data analyst to the stand Tuesday, who presented Wisconsin Department of Corrections data that showed 67% of incarcerated individuals' needs are not met in the adult court system, and black, male, youth offenders are even less likely to have their needs met.
"There is a difference in implications in the usefulness of services available at Lincoln Hills compared to when they're able to put those skills to work," said defense attorney Angela Cunningham.
Meanwhile, the state prosecutors argued the juvenile justice system would not provide an adequate amount of incarceration time, as the youth offender program has a mandatory minimum of one year.
In adult court, the boy would be 30 years old when first eligible for release and would effectively spend more time completing programs at a juvenile center, like Lincoln Hills, than if only convicted as a juvenile.
"When you take this kind of an action under these circumstances, there is a significant, proportionate, and reasonable response from the justice system, and there's no way to guarantee at in the juvenile court," said assistant district attorney Gil Urfer.
Urfer said that would also allow time to monitor his mental health, if any issues develop as he becomes an adult.
Tuesday's discussion also included arguments over the constitutionality of automatically charging children as young as 10-years-old as an adult for certain offenses.
Judge Carroll did not make a decision Tuesday. She plans to provide a decision at the next hearing on Nov. 18.