John Gauntt Jr., assistant county attorney, explained Wednesday that a determinant sentence is an option for the most serious juvenile cases where the person is not tried as an adult. Such a sentence may run between 10 and 40 years.
A juvenile who is sentenced in this manner participates in a transfer hearing upon reaching the legal age for adulthood. The hearing usually clears the way for the juvenile to finish out his sentence in an adult prison.
In last week’s shooting at Emerald Garden Apartments, two men and the juvenile were charged with aggravated assault with a deadly weapon, which in the juvenile's case is the equivalent of a first-degree felony in the adult criminal justice system. The charge may be upgraded to murder when the investigation has concluded, Gauntt said.
If the juvenile is certified as an adult and the charge is upgraded to murder, the sentence would carry a maximum of life in prison. If the charge is upgraded to capital murder, the maximum sentence would be death.
Juveniles may be certified to be tried as adults at the age of 14. Most first-degree felonies are certifiable but prosecutors usually only bump capital and aggravated offenses into the adult criminal justice system.
Jim Murphy, assistant county attorney, said seriousness of the offense is at the top of the list when it comes to determining whether a youth should be certified.
The age, background, maturity and prior criminal history of a juvenile is also considered.
The last juvenile in Bell County to be certified as an adult in a murder case was Brandon Hammock, who was sentenced to life in prison in July 2006 for his role in killing an Apache pilot in his Harker Heights home.
