http://www.azcentral.comPriest says slain dad had taught 8-year-old boy to use guns
Nov. 9, 2008 12:00 AM
Associated Press
ST. JOHNS - A Roman Catholic priest who presided over the wedding of a man who police say was fatally shot by his 8-year-old son said Saturday that the man and his wife had consulted him about whether the boy should have a gun.
The Very Rev. John Paul Sauter said the father wanted his son to learn how to hunt, while his new bride had suggested the boy have a BB gun.
Police say the boy used a .22-caliber rifle on Wednesday to kill his father and another man.
Sauter said that the father was an avid hunter and that he taught his son how to use the rifle to kill prairie dogs.
"He wanted to make sure the kid wasn't afraid of guns, knew how to handle it," Sauter said. "He was just too young. ... That child, I don't think he knows what he did, and it was brutal."
Police are looking into whether the boy had been abused. He faces two counts of premeditated murder.
The Arizona Republic is not naming the victims to protect the identity of the boy.
Police Chief Roy Melnick said that the boy did not act on the spur of the moment, and that he planned and "methodically carried out the acts."
"I'm not accusing anybody of anything at this point," he said. "But we're certainly going to look at the abuse part of this. He's 8 years old. He just doesn't decide one day that he's going to shoot his father and shoot his father's friend for no reason. Something led up to this."
A family member who did not want to be identified because of the nature of the allegations said the boy wasn't abused.
"He was never abused by the family," she said. "If things are proven, that's another story."
She said the family was not doing well as they mourn the loss of a loved one.
"We're going crazy," she said. "It's hard to believe a little 8-year-old boy could do such a thing."
On Friday, a judge ordered a psychological evaluation of the boy.
The boy is being charged as a juvenile, but Melnick said police are pushing to have him tried as an adult.
"This is a severe double homicide, premeditated, and that's the right thing to do," he said. "We're going to use every avenue of the law that's available to us, but we're also looking at the human side."
Melnick said he thinks it's unlikely a judge would agree to charge the boy as an adult. If convicted as a minor, the boy could be sent to juvenile detention until he turns 18.
Melnick said police are also investigating whether there were any domestic-violence calls to the home in the past.
Melnick said officers arrived at the home within minutes of the shooting Wednesday in St. Johns, which has a population of about 4,000 and is 168 miles northeast of Phoenix. They found one victim just outside the front door and the other dead in an upstairs room.
The second victim had been renting a room at the house, prosecutors said. Both men were employees of a construction company working at a Salt River Project power plant near St. Johns.
The boy went to a neighbor's house and said he "believed that his father was dead," said Brad Carlyon of the Apache County Attorney's Office.
Melnick said police obtained a confession, but the boy's defense attorney, Benjamin Brewer, said police overreached in questioning the boy without representation from a parent or attorney and did not advise him of his rights.
"They became very accusing early on in the interview," Brewer said. "Two officers with guns at their side, it's very scary for anybody, for sure an 8-year-old kid."
Prosecutors aren't sure where the case is headed, Carlyon said.
"There's a ton of factors to be considered and weighed, including the juvenile's age," he said. "The counterbalance against that, the acts that he apparently committed."
Carlyon said the boy had no record of complaints with Arizona Child Protective Services.
"He had no record of any kind, not even a disciplinary record at school," he said. "He has never been in trouble before."
FBI statistics show instances of children younger than 11 committing homicides are rare. According to recent FBI supplementary homicide reports, there were at least three such cases each year in 2003, 2004 and 2005; there were at least 15 in 2002. More recent statistics weren't available, nor were details of the cases.
Earlier this year, prosecutors in Cochise County filed first-degree murder charges against a 12-year-old boy accused of killing his mother.
Defense attorney Mike Piccarreta, who is not involved in the latest case, said each case has to be considered on its own merits, but it would be hard for him to comprehend that an 8-year-old has the mental capacity to understand the act of murder and its implications.
"If they actually prosecute the guy, it's a legal minefield," he said.
Wednesday's homicides were the first in at least four years in the community, where most people know one another, Melnick said. Before the recent murders, it had been 20 years since anyone had been killed there, he said.
The father had full custody of the child. The boy's biological mother had visited St. Johns last weekend from Mississippi, and she returned to Arizona after the shootings, Carlyon said.
Brewer said the boy "seems to be in good spirits.
"He's trying to be tough, but he's scared."