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LOGAN — A 16-year-old Smithfield boy accused of luring away 14-year-old Deserae Turner and shooting her in the back of the head was ordered Wednesday to face the criminal charges against him as an adult.
Finding that Colter Peterson had equal responsibility in what has been alleged to be a premeditated plot to isolate and then murder the girl, 1st District Juvenile Judge Angela Fonnesbeck said the teen's case should proceed in the adult system, where he can be kept in custody or under supervision well into adulthood.
"He planned and he acted, he pulled the trigger, he took deliberate and specific action intending to take the life of another human being," Fonnesbeck said as she handed down her decision.
During a two-day retention hearing Monday and Tuesday, prosecutors argued the violence and premeditation of the alleged crime shows that, if convicted, Peterson will need to remain in custody for longer than the juvenile system can keep him and must receive ongoing supervision upon release.
Peterson's attorney, David Perry, emphasized during the hearing that the teen has been remorseful and cooperative with police since his arrest, questioning whether Peterson should be pulled from the juvenile facility where he has been doing well to be placed in prison where he would be at risk of physical and sexual abuse.
In her decision, Fonnesbeck agreed with the defense that Peterson likely has an undiagnosed mental illness as well as depression, but she said it is unclear whether his remorse has been for the victim or for his own situation. She also voiced concern at the level of interest the teen showed in violence, including searching out videos online of graphic beheadings and information about infamous killers.
"We don't know his risk or his potential for rehabilitation at this point in time," Fonnesbeck said.
Related:
1 teen in Deserae Turner shooting case ordered to stand trial as adult
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.According to police, Peterson and his 16-year-old friend, Jayzon Decker, 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.
Peterson told police he became annoyed by Deserae's frequent Snapchat messages, leading his friend Decker to suggest they get rid of her, according to testimony in preliminary hearings in March.
Deserae survived the shooting, but at both retention hearings, her mother testified she has been left with permanent and devastating damage to her health, mobility and quality of life, and now requires constant supervision as she attempts to rebuild her life.
The teens, both Sky View High School students, are charged with attempted aggravated murder and aggravated robbery, first-degree felonies, and four counts of obstruction of justice, a second-degree felony.
On Monday, Decker was also ordered to [face his criminal charges as an adult](<1 teen in Deserae Turner shooting case ordered to stand trial as adult>). While Fonnesbeck noted it is believed Decker was the one who initially suggested killing Deserae, Peterson supported the idea as they developed a premeditated plot, including luring the girl to the canal on his own several days before the shooting, apparently intending to kill the girl himself.
Now that both teens' cases have been transferred to district court, the attempted aggravated murder charge carries a potential prison sentence of 15 years and potentially up to life in prison.
Following the hearing, Perry said he wasn't surprised by the judge's ruling, especially considering her decision to transfer Decker to the adult system earlier this week. While Peterson can potentially remain in custody in a juvenile facility until age 18, the attorney lamented that he would eventually be pulled into the adult prison where any progress he has made with treatment and rehabilitation could be undone.
"(In juvenile custody) he could participate and have some kind of normalcy while society is still protected," Perry said, adding, "He should have remained in the juvenile system, I think what happened today is a tragedy."
According to testimony during the retention hearing, Peterson would likely spend 17 years behind bars before parole could be considered — longer than he has been alive to this point, Perry noted.
Perry said he watched as his client teared up at the judge's announcement. He said the teen's family is hurting following the decision.
In court Tuesday, Peterson's parents and older sister took the witness stand, testifying the teen has always been a gentle and loving member of the family with no violent tendencies. The tearful family declined comment as they left the courthouse Wednesday.
Cache County Attorney James Swink voiced appreciation for the judge's decision and acknowledged that hearings in the case have been difficult for families on all sides.
"This is not easy for the defense, the defense's families, the parents of the defendants in this case, the judge," Swink said. "The Turner family obviously is impacted drastically by these types of hearings. They're emotional, they're draining, and they take their toll on victims."
Swink went on to praise the Turner family for their strength as the case progresses and as they try to establish normalcy in their home. While Deserae and her mother have been unable to attend the hearings as treatment for the girl is ongoing, Swink noted that her father and other members of her family have consistently been in the courtroom.
"(The family) would like to let the court know that they would like to move, as a victim, this matter forward as fast as possible so that they can have some closure," Swink said. "The state will work for that, and we'll do our very best to bring this to a close as soon as we can, knowing that this will play out, it's going to take a little bit of time."
Both Peterson and Decker are scheduled Thursday for arraignment hearings in 1st District Court. 
