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SALT LAKE CITY — Saying that he will have a better chance of receiving the services that he needs in the juvenile system, a judge on Friday ruled that a teenager shot by Salt Lake police will not face charges in adult court.
But in making her decision, 3rd District Juvenile Judge Julie Lund also noted that Abdullahi "Abdi" Mohamed, 19, had not been doing a great job of taking advantage of the services available to him since being shot, and she warned him that he needs to make changes to his life.
"We're giving you this chance today. You need to make the most of it," she told Mohamed.
"I will," he replied.
On Feb. 27, 2016, Mohamed was allegedly selling drugs in the area of the homeless shelter. When a man refused to give him the $1.10 he was carrying, Mohamed allegedly hit him with a 3-foot aluminum broom handle.
Nearby Salt Lake police officers responded to the incident. Officers Kory Checketts and Jordan Winegar, believing that Mohamed was about to assault the man again and because Mohamed disobeyed commands to drop the broom handle and continued to walk toward the man, shot him four times.
Mohamed is now paralyzed and confined to a wheelchair.
The shooting was determined to be legally justified by the Salt Lake County District Attorney's Office. A Salt Lake police citizen review board, however, determined that the shooting was not within department policy, even though Mohamed clearly disobeyed officers' commands, the report states.
We're giving you this chance today. You need to make the most of it.
–Judge Julie Lund
Mohamed was 17 at the time of the incident. He was charged in 3rd District Juvenile Court with aggravated robbery, a first-degree felony, and drug possession with intent to distribute, a second-degree felony. Prosecutors wanted Mohamed to face the charges in adult court. A three-day hearing was held this week to determine which court would hear the charges.
During closing arguments Friday, prosecutor Mike Colby said the actions of Mohamed leading up to the shooting had wrongly been "dismissed as an incident."
"It was an actual violent attack on an unarmed man,” he said.
While a second man who was with Mohamed that night was described as being the "enforcer," Colby said that man was only following Mohamed's direction. It was Mohamed who was preying on homeless people by selling them drugs, and on that night he persisted in trying to take a man's "last dollar," Colby said.
The state also noted Mohamed's lengthy juvenile record which, while not violent, involved nearly 20 charges, including 11 theft cases. Even after the shooting, Mohamed didn't stay out of trouble. He has been charged in adult court in two cases in 2017: one for being a minor in possession of alcohol, criminal mischief, and domestic violence in the presence of a child; the other for public urination and alcohol in a park, both infractions.
Related
Attorneys argue to keep Abdi Mohamed's case in juvenile court
Attorneys for Abdullahi "Abdi" Mohamed, who was paralyzed as a teenager when he was shot by police last year, argued in court Monday that the criminal case stemming from the altercation should remain in juvenile court.Colby said Mohamed has had "lavish" resources bestowed upon him since being in the juvenile system since 2011, but it hasn't helped. He compared it to a person who plays a slot machine and keeps losing.
"At some point you have to stop taking chances,” he told the judge, encouraging her to send his case into adult court.
Lund admitted to the defense that was also one of her biggest concerns.
"He has failed to take advantage of the services offered to him since the shooting," she said.
But the judge also acknowledged that Mohamed has recently found a good mentor — a Somali refugee who has made progress with Mohamed's alcoholism and PTSD. Those services, she said, would not be available in the adult system.
"He doesn’t constitute a risk to public safety,” Mohamed's defense attorney, Sam Pappas, argued on Friday.
When talking about whether the adult system or the juvenile system offers a teen the best chance at rehabilitation, "It's not even close," Pappas said.
"(Juveniles) need support. That support simply does not exist in the adult system," he said, adding that putting him in adult court would be "devastating, both for him and certainly wouldn’t be helpful for longterm public safety."
Outside the courtroom, Pappas said he was pleased with the ruling.
"I think it's best for everyone," he said.
Mohamed's next hearing is scheduled for May 17.
