Boy Pleads Guilty to Murder in Brother's Death

Boy Pleads Guilty to Murder in Brother's Death


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OGDEN, Utah (AP) -- A Roy teen who shot his bullying older brother to death has pleaded guilty in juvenile court to murder.

He received the maximum juvenile sentence, which is to be in the custody of the juvenile system until age 21. Under Utah law, offenses committed while under the age of 14 must be handled in juvenile court.

The boy was 13 when he shot his 16-year-old brother three times on Sept. 11, 2004, using a gun stolen from his grandparents a week earlier.

The case had factors of both premeditation and rage, said Roy police Chief Greg Whinham.

"It was something we felt he had planned," Whinham said of the youth, now 14. "I would not describe it as cold-blooded, but as a contemplated act. If A happens, then B follows. 'If my brother picks on me again, I will take action.' He was angry and frustrated."

Prosecution in 2nd District Juvenile Court in Ogden has been drawn out by lengthy rounds of psychological testing, with at least four different evaluations.

The boy had been kept in the Weber Valley Juvenile Detention Center in Roy since his arrest immediately after the shooting.

The victim, John Colby Johnston, was shot at the family's home in Roy when the boys were alone.

Whinham said previously that that the victim apparently had struck his younger brother in the leg with a stick, causing a welt, and chased him.

The younger teen, crying and distraught, walked to a nearby convenience store to dial 911 and report the shooting.

Whinham said police had responded to the apartment once before, reportedly because the brothers were fighting, with the older boy the aggressor.

The guilty plea came last week and the boy was sentenced the same day. All proceedings were closed to the public because of the defendant's age.

Whinham said the boy had no prior juvenile record.

He said he hoped the boy gets all the counseling and programming available in the juvenile justice system because he is now denied a typical family environment and a traditional school setting.

"He will need some skills when he's released in seven years," the chief said. "I have some empathy for this young man. His ability to cope was not there. When he gets out he will be faced with similar situations that lead to frustration.

"He will need to be educated and he'll need some kind of support system so he can transition back into society."

(Copyright 2006 by The Associated Press. All Rights Reserved.)

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