Milwaukee boy accused of killing mom; attorneys weigh adult, juvenile court
MILWAUKEE - Attorneys spent hours on Tuesday, Oct. 8, making their arguments over whether a 12-year-old Milwaukee boy accused of shooting and killing his mom should be tried as a child or an adult.
The boy's attorneys argued the law that charges kids as adults for certain crimes is unconstitutional.
Their client, now 12-years-old, was 10 when he was charged and accused of shooting and killing his mother. Prosecutors say it was because she wouldn't let him have a virtual reality headset.
The fatal shooting happened in November 2022 at a home near 87th and Hemlock. Prosecutors charged the boy with first-degree intentional homicide.
SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News
"We've seen first hand how charging a child as an adult has caused problems," said defense attorney Angela Cunningham. "We are in the thick of mass incarceration. Period. We need to take a close look at our laws and the impact they are having on the Black community and Black youth, specifically."
"The defense hasn’t proven anything for the court to take the actions it's requesting," Milwaukee County Assistant District Attorney Gilbert Urfer said.
His defense wants the case to go back to the juvenile system, arguing that's where the boy will receive the best treatment.
Milwaukee boy accused of killing mom back in court Monday
The 12-year-old accused of shooting and killing his mom over a video game returns to court on Monday, April 29.
"The inadequacy of the [adult] system is overwhelming," Cunningham said.
They also want the judge to say it's unconstitutional for these cases to go to adult court in the first place.
"Pure speculation that it wouldn’t meet his needs, what we know now is he has no formal diagnosis," Urfer said. "Opportunity to be at LH for a significant time if convicted."
A University of Wisconsin-Milwaukee professor testified, saying state data shows Black youth sentenced as adults with this crime are less likely to complete behavioral or cognitive programming.
FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android.
"What I found was still a fairly low likelihood of completing the program if enrolled, and lower for certain individuals of completion," UWM Department of Criminal Justice & Criminology Assistant Professor Theodore Lentz said. "In general, it seems like programming, there’s not a lot of access."
But any decision on those arguments will have to wait until at least mid-to-late next month. Judge Jane Carroll said that's when she'll give her decision from the bench.
FOX6 isn’t naming the boy because of his age.