Judge May Decide If 16-Year-Old Homicide Suspects Will Be Tried As Adults
WEST SACRAMENTO (CBS13) — California law might play into charges for the teens accused of killing a 16-year-old girl in West Sacramento over the weekend.
Proposition 57, passed by voters in 2016, changed the law so now a judge decides if a teen is tried as an adult in most cases, not the District Attorney.
While Prop 57 gives a judge discretion on whether to sentence a defendant as an adult or juvenile, there is an exception for some serious crimes, such as homicide. Senate Bill 1391 went further by specifying 14 and 15-year-old can never be tried as an adult. It does outline some exceptions for kids over 16, including some serious crimes like murder and robbery.
The two suspects accused of killing the teen in West Sacramento are both 16 and are charged with robbery in addition to homicide.
In this case, it could be up to the District Attorney to decide whether to try these suspects as adults. The DA's office will not comment on the case, but sources tell us they will be letting a juvenile judge decide.
CBS13 talked to the victim's grandfather Mark Bentley on Monday. Bentley said his granddaughter was shot and killed Saturday around 7:30 p.m. on the Clarksburg Trail, caught in the middle of a drug deal gone bad. Bentley says Samantha ran away after seeing a gun and was shot in the back three times.
"So what a coward. Why do you shoot? Why do you make that decision?" Bentley said.
Bentley he wants the suspects to be tried as adults.
"...To prosecute this boy as an adult because he made a very adult decision when he pulled that trigger that was an adult decision," Bentley said.