Teen shooting case progressing

The case of a 14-year-old boy charged with aggravated murder is back on track after a delay caused by injuries suffered by his attorney in a biking accident.

Third District Juvenile Judge Andrew Valdez on Wednesday set Nov. 25 for a two-hour hearing so an expert defense witness can take the stand. Meanwhile, a certification hearing set for Dec. 4, 7 and 8 remains on the calendar.

Richard Van Wagoner, the youth's defense attorney who was injured last month after being hit by a vehicle while biking in Emigration Canyon, took part in Wednesday's proceedings and later said the upcoming certification hearing for the youth is one of the most crucial in the case.

State law allows prosecutors to "direct file" charges against someone 16 or older for certain crimes, such as aggravated murder, aggravated kidnapping or aggravated robbery.

But when the individual is under 16, prosecutors must go through a certification hearing process to argue before a juvenile court judge why they believe a case should go into adult court, while defense attorneys can argue otherwise. The juvenile court judge then decides whether to certify the youth into adult court or keep him in juvenile court.

There is a vast difference between the two court systems when it comes to the penalties if a person is convicted.

Van Wagoner said if his client is convicted in juvenile court, the court will have control of the teen until he is 21 years old. In addition, there are "a myriad of programs available to him and others to re-educate and rehabilitate" teens in the juvenile system.

In adult court, if the youth is convicted, he could face up to life in prison. His fate would then rest with the parole board.

Van Wagoner said his client was barely 14 when he allegedly shot JoJo Brandstatt to death on a West Valley City golf course. The teen at one point said he was high on marijuana and was coerced, presumably by gang members, to shoot Brandstatt.

However, Van Wagoner maintains his client is not guilty.

The boy is doing well in juvenile detention and is taking part in all available programs there, but Van Wagoner added, "I'm sure this is weighing heavily on his mind."

The boy is charged with aggravated murder, two counts of aggravated kidnapping and five counts of aggravated robbery, all first-degree felonies. Along with that, prosecutors have brought two other unrelated felony charges, which they believe will strengthen their arguments that this teen should be tried as an adult. Those charges are burglary, a first-degree felony, and theft, a second-degree felony.

The teen is one of four people charged with the same crimes associated with Brandstatt's death. They are: Jeremiah H. Williamson, 28; Spencer Isaiah, 18; and Sharise O. Malaga, 19.

Police and prosecutors say another man, Greg Brown, were kidnapped Feb. 5 by the four defendants and forced to commit robberies to pay off his kidnappers. Brown said he eventually called Brandstatt, 18, who apparently enraged the 14-year-old by showing up wearing red clothing, the color of a rival gang.

Prosecutors maintain the daylong series of robberies, threats and desperate phone calls to raise ransom money culminated in Brandstatt, who was begging to call his mother, being marched at gunpoint up a hill at the golf course and being fatally shot.

e-mail: lindat@desnews.com