In a chilling case out of Broken Arrow, Oklahoma, two teenage brothers allegedly attacked their entire family, killing their parents and three siblings,injuring a fourth sibling, and leaving a toddler sister unharmed.
The suspects are Robert Bever, 18, and his younger brother Michael, 16. Both are charged with five counts of first degree murder and one count of assaultand battery with intent to kill. Michael Bever is charged as an adult in the killings under an Oklahoma law that says minors aged 15, 16, or 17 accusedof first degree murder are automatically charged as adults. Teens as young as 13 may be charged as adults in first degree murder cases, but they mayinstead be certified as youthful offenders or juveniles. Under 10A O.S. � 2-5-205of the Oklahoma Youthful Offender Act, teens aged 15 to 17 accused of first degree murder are not eligible for reverse certification as youthful offendersor juveniles:
B. Any person fifteen (15), sixteen (16) or seventeen (17) years of age who is charged with murder in the first degree at that time shall be held accountable for his or her act as if the person was an adult and shall not be subject to the provisions of the Youthful Offender Act or the provisions of the Juvenile Code for certification as a juvenile. The person shall have all the statutory rights and protections of an adult accused of a crime. All proceedings shall be as for a criminal action and the provisions of Title 22 of the Oklahoma Statutes shall apply. A person having been convicted as an adult pursuant to this paragraph shall be tried as an adult for every subsequent offense.
Now, the attorney for the younger suspect is challenging the constitutionality of the law that requires Michael Bever to be charged as an adult. Michael'sattorney says that denying the teen the ability to petition for reverse certification "creates an unconstitutional classification of adult status from the mere accusation by the state of murder in the first degree.�
According to the attorney challenging the constitutionality of the clause denying youthful offender status to teens accused of first degree murder, hisclient should be allowed to present evidence to determine whether adult or youthful offender certification is appropriate, and to deny him the opportunityto present such evidence is a violation of the right to due process under the 5th and 14th Amendments to the United States Constitution.
The argument has merit. Teenagers are typically motivated by different things than adults. Their brains--including the portions of the brain that affectimpulse control--are not fully developed. A minor likely has competency issues due to his or her age that would not be present in an adult. The egregiousnessof the allegations on their own should not override justice and due process.
