District attorney lobbies against bill that would change power in filing juvenile charges

Andrew Villegas, (Bio) avillegas@greeleytribune.com
March 18, 2008

Comments Print Email

Jesus Escobar didn't think the 12-year sentence Carlos Manzo received for killing his niece with a pickup truck in Greeley last year was enough.

The pain was still fresh for Escobar last month when he shared it with state legislators who are considering changes in the way district attorneys around the state can charge juveniles such as Manzo with serious crimes.

The change -- House Bill 1208, sponsored by Democrats in both the state House and Senate -- would stop district attorneys from directly charging the youngest juveniles with the most serious felonies, a power they have now. The legislation also would require judges to review charges against 14- and 15-year-olds before they could be tried as adults. The legislation passed the House by a count of 34-30 last week and awaits consideration in the Senate.

Right now, district attorneys can file such serious charges against 14- to 17-year-olds, but under the bill, only 16- and 17-year-olds could be charged with such serious crimes without the oversight of a judge.

JUVENILE VIOLENT ARRESTS RATE

Weld District Attorney Ken Buck said district attorneys' power to directly file charges -- which started in 1993 -- helps keep the juvenile arrest rate low by keeping repeat offenders off the streets. Here's how the rate has changed from 1991-2004. Arrests per 100,000 residents 1991: 207.5 1992: 201.4 1993: 193.7 ... 1996: 119.1 1997: 152.1 ... 2003: 88.4 2004: 96.3

The bill worries Escobar. Don't change the law, Escobar told the legislators. Don't let people like Manzo -- who was 15 when the incident occurred -- off with a slap on the wrist merely because of their age, he said.

If the bill that's being considered was law when Manzo was being prosecuted, the teenager probably would have gotten away with serving only a few months in a juvenile facility, said Ken Buck, Weld district attorney. Buck added that the bill also would stop him from charging 14- and 15-year-olds as adults for even the most serious crimes.

"It's not right for somebody to do that much harm and get away with it," Escobar said Monday. A few months in jail "isn't enough time to mature," he said.

Buck has lobbied legislators to kill the bill under the argument that the ability to directly file charges against minors keeps repeat offenders off the street.

Arrests of minors charged with violent crime dropped dramatically after 1993 when district attorneys were given the ability to directly file charges against minors, Buck said.

Rep. Glen Vaad, R-Mead, voted against the bill and said that it would send the message to young offenders that there are no consequences for their actions.

Judges should be the only people responsible for doling out mercy for crimes, but legislators are the ones trying to give mercy with the bill, Vaad said. That isn't within their powers as legislators, he said.

Rep. Jim Riesberg, D-Greeley, said he voted for the bill despite talking with Buck and other district attorneys about their concerns.

"It simply was a check-and-balance safeguard," Riesberg said.

If passed by both the House and Senate, Riesberg said the bill probably would be vetoed by Gov. Bill Ritter, a former district attorney. Ritter's spokesman, Evan Dreyer, has previously said the governor typically waits to comment on legislation until it has worked its way through the state Legislature, and wasn't available for comment Monday.