CENTREVILLE, Mich. (WOOD) — A 9-year-old boy accused of killing his mom — the youngest ever charged with murder in Michigan — went home with his dad on Friday after a judge dismissed all the charges.
St. Joseph County Family Division Judge David Tomlinson ruled the boy was not competent to stand trial.
The small boy, a third-grader, turned and hugged his dad and cried.
But before the ruling, the judge criticized a state law that won’t allow him to order help for the boy.
“I’m not happy with the state of the law,” the judge said. “This case disturbs me more than any case I’ve ever dealt with.”
St. Joseph Chief Assistant Prosecutor Josh Robare told the judge he fears the boy could kill again without treatment.
“A murderer will be released, putting everybody at risk in the community,” Robare said. “There are no further steps to take to ensure this won’t happen again, no rehabilitation to ensure the safety of others.”
“The court shares your concern,” the judge responded.
Even the defense attorney questioned the law.
“I can’t imagine the prosecutor not being concerned about a case being dismissed with prejudice against somebody accused of killing someone,” attorney T.J. Reed told News 8.
The boy is so short his feet couldn’t touch the floor as he sat before the judge Friday in acourtroom closed to our cameras.
“When I first saw him, I can tell you that it takes you back a step, you scratch your head and you’re thinking, is this really going on? Is this really my client?” His attorney said.
The boy wasaccused of shooting and killing his adoptive mom, Pauline Randol, at the family’s home near Sturgis on May 6.
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