Declination hearing for Moses Lake parental shooting case begins

EPHRATA - A decision on whether the 15-year-old Moses Lake boy accused of shooting his parents will be tried as an adult could be made by the end of this week.

The boy's declination hearing, which is when the defense attorney argues that the case should stay in juvenile court, began Wednesday.

Visiting Douglas County Superior Court Judge John Hotchkiss heard testimony from several witnesses during the first day, including testimony from Moses Lake Police Department officers, Grant County Juvenile Detention Center personnel, a Frontier Middle School administrator and the boy's parents, Jon and Elizabeth Brooks.

The declination hearing is expected to wrap up Friday.

The boy is currently charged with two counts of attempted murder, according to a previous Columbia Basin Herald article.

The 15-year-old allegedly took a .22 caliber pistol out of a locked gun case, loaded it and waited around 90 minutes before deciding to shoot his parents in March. He reportedly told police his parents grounded him from video games and other electronic devices.

The boy's parents survived the incident and were transported to an out-of-area hospital to recover from their injuries.

Deputy prosecutor Steven Johnson said the state will be able to demonstrate over the course of the declination hearing that the case should be moved to adult court because it satisfies several Kent factors (threshold criteria outlined in Kent versus United States).

Johnson said the first factor involves the seriousness of the alleged offense and whether the protection of the community requires declination.

"One cannot attempt a more serious crime under our laws," he said during opening statements. "The community deserves protection from someone who would commit such a crime and protection is best achieved here through a combination of rehabilitation, incarceration and supervision that lasts well into his (the defendant) adult years."

Defense attorney Lyliane Couture argued the community would actually be safer in the long run if the boy remained in the juvenile justice system.

A witness scheduled to appear in court Thursday will testify that placing the defendant in an adult correctional facility setting will reduce the likelihood of successful rehabilitation, she said.

"He (the witness) will go on to testify that if (the defendant) is transferred to the Department of Corrections after attending a juvenile rehabilitation administration facility, (the defendant) would likely lose any gains he makes while in JRA," she said.

Couture also said the defendant will be less likely to re-offend if his rehabilitation is successful.

Johnson told the court that another Kent factor deals with the sophistication and maturity of the juvenile.

"This court will also hear testimony from multiple officers about the intricate lie (the defendant) told to cover up his crimes and avoid responsibility for his actions," he said.

In addition, Johnson said all three medical experts that interviewed the boy will agree that he had average to above average intelligence for his age.

Couture said the witness for the defense however, will testify that the boy actually lacks maturity and sophistication. She said the witness reviewed police reports and other case documents and interviewed the boy and his parents.

Based upon his review and evaluation of the defendant, the witness will tell the court that the boy is immature and, "lacks sophistication and maturity for a 14-year-old and as an adult," Couture said.