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LOGAN — A judge ordered Monday that the case of one of the teenage boys accused of attempting to shoot and kill 14-year-old Deserae Turner be transferred to the adult system.
As she announced the decision, 1st District Juvenile Judge Angela Fonnesbeck said evidence in the case shows that while Jayzon Decker, 16, isn't suspected of shooting Deserae, there is reason to believe he is the one who developed the plan to kill the girl and signaled to his friend when the moment came to carry it out.
"He may not have pulled the trigger himself, but he did take a deliberate and specific action to ensure the crime would be committed," Fonnesbeck said. "There was plenty of time for the defendant to step away from the crime and he did not do so."
In a two-day retention hearing last week, prosecutors argued to move the case to the adult system, saying they believe Decker was the one who came up with the idea to kill the girl. They also laid out the impact the shooting has had on the community, leaving students afraid to go to school, and permanent damage Deserae and her family have suffered.
The alleged gunman, also 16, faces a similar hearing beginning Monday afternoon. The boy told police he became annoyed by Deserae's frequent Snapchat messages, leading Decker to suggest they get rid of her.
While prosecutors are also seeking to transfer the case of the alleged gunman to the adult system, a decision in that case has not yet been made, and the Deseret News has chosen not to identify him at this time.
The transfer decision is not a finding of guilt.
Decker's attorney, Shannon Demler, told the judge there is little evidence linking the boy to the crime. Demler argued extensively that Decker is a better fit for juvenile court because of his age, possible attention deficit hyperactivity disorder and a belief that his cognitive development may be marginally delayed because he was born a premature twin.
An initial appearance in for the teen in district court is scheduled for May 11 #DeseraeTurner
— McKenzie Romero (@McKenzieRomero) May 8, 2017
The judge tells the teen that the juvenile court’s jurisdiction here is done, wishes him luck. He’s taken from courtroom #DeseraeTurner
— McKenzie Romero (@McKenzieRomero) May 8, 2017
While Fonnesbeck said Monday she agrees those factors and the possibility for Decker to be rehabilitated among his peers would be better served in juvenile court, they are outweighed by considerations of public safety and fear, and the level of culpability Decker appears to have in the alleged crime.
Fonnesbeck noted that while it is undisputed Decker did not hold the gun that day, it is believed he was the first to suggest they "get rid of" Deserae, and that he brought a knife to the canal after suggesting slitting the girl's throat would be quieter than shooting her. The gun was supposed to be a backup plan, according to prosecutors.
The judge also said there is evidence Decker took deliberate actions to keep Deserae at the canal so the boys could wait for the right moment to attack her, allegedly pretending to lose a ring in the mud to stall the girl. It was Decker who is believed to have given the predetermined nod signalling it was time to kill Deserae, and who then "ripped the backpack off what he believed was a dead or dying young woman" before helping to dispose of the evidence, Fonnesbeck said.
Finally, Fonnesbeck pointed to the shell casing Decker allegedly retrieved and then displayed on his windowsill as a "memento" of the shooting.
Decker is charged and ordered to stand trial for attempted aggravated murder, a first-degree felony; aggravated robbery, a first-degree felony; and four counts of obstruction of justice, a second-degree felony.
In the adult system, the attempted aggravated murder charge carries a potential prison sentence of 15 years and up to life in prison.
The alleged gunman faces the same charges, which currently remain in the juvenile system.
According to police, the two friends lured Deserae to join them after school on Feb. 16 under the guise of buying a knife, shot her once in the back of the head at close range, stole her belongings and left her in a dry section of a dirty canal in Smithfield.
Deserae was found hours later by friends who were searching for her. Following a remarkable recovery, Deserae was released from the hospital April 20, expressing her gratitude for the countless strangers who supported her and prayed for her recovery. The girl said she is "tougher than a bullet," noting that the .22-caliber bullet is irretrievably lodged in her skull.
Following the decision, Demler said he was disappointed but not surprised by the judge's decision and is preparing to lay out his client's side of the story as he continues to represent him in district court.
"Now in the district court we can fully put out our story and what we believe our involvement was, and we feel that in the end he will be found not guilty of the crimes he has been alleged of committing," Demler said.
Demler also discussed Decker's remorse about the shooting.
"He understands that a terrible thing happened and even though he didn't have the gun, he wasn't the shooter or anything such as that, he's very apologetic of any actions he had that were involved in this situation," Demler said.
Cache County Attorney James Swink said he, Deserae's family and members of the public appreciate the judge's "thoughtful and careful consideration of all the evidence" backing her decision to move the case to the adult system.
"These kinds of decisions and days are not easy," Swink said. "We believe that a good measure of justice was brought forward today for the victim's family. While we feel the deep tragedy and loss of quality of life the victim has experienced over the past several months and for the rest of her life, we also feel deeply for the loss in our community. The loss of safety, the fear that's been instilled in others, and we believe the court's decision today goes a long way to help heal us."
Deserae's family did not comment on the decision following the hearing.
An arraignment hearing for Decker is scheduled for Thursday before 1st District Judge Thomas Willmore. As the case proceeds, Decker will continue to be held in a juvenile facility.
Decker said he intends to ask for bail for Decker.
