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SALT LAKE CITY -- The attorney for a teen charged as an adult for murder claims the charge should be dismissed and re-filed in juvenile court.
Earlier this year, prosecutors charged 16-year-old Ricky Angilau with first-degree felony murder for the Jan. 21 shooting death of fellow high school student Esteban Saidi.
Monday Angilau's attorney, Ron Yengich, said, "Juveniles ought to start in juvenile court. They shouldn't begin in adult court."
The 3rd District courtroom was packed as Yengich said his client should be in juvenile court facing a charge of homicide by assault, reckless manslaughter, or emotional distress manslaughter.
He said the Utah law that allows prosecutors to charge a juvenile in adult court for murder is flawed and unconstitutional. And added prosecutors should not have sole discretion when it comes to deciding if a juvenile should be tried as an adult.
"The discretion that prosecutors have is too great. There should be a neutral judge or magistrate who makes the determination whether juveniles ultimately get to adult court," he said.
Prosecutors didn't want to talk on camera, but said under the statute, they had no discretion when a juvenile is being charged with murder. It had to go through the adult system.
Yengich said the charges were a knee-jerk reaction by the District Attorney's Office and politically motivated.
Prosecutors said the murder charge were justified and came after a thorough investigation and enough evidence to prove the case.
The judge has taken the motion under advisement and is expected to make a decision in the next couple of weeks.
Angilau remained at the Salt Lake County Jail.
Story compiled with information from Courtney Orton and Marc Giauque.
