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April 6, 2016
Judge Tom
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11-year-old convicted of first degree murder to remain detained until age 19

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In February, 2016, an 11 year-old boy was found guilty in juvenile court of first degree murder. He was a fifth grade student at White Pine Elementary School in Tennessee. The victim, 8 year-old McKayla Dyer, also went to White Pine and was in the third grade. Both children lived in the same trailer park.

In October, 2015, McKayla was playing outside with two other girls when the boy asked them to bring out their puppies. They refused and the boy grabbed his father’s shotgun and approached the girls. McKayla reportedly commented that the gun wasn’t real and laughed at him. He then shot McKayla in the chest. She lost consciousness and died shortly thereafter.

Judge Dennis Roach, II sentenced the boy to remain in state custody until his 19th birthday. He explained at sentencing that the state should use all reasonable resources to determine why the boy shot the girl, and he should be treated and rehabilitated so this never happens again. “A child who commits first-degree murder cannot be willy-nilly turned loose into society,” Roach said.

What do you think of the sentence imposed on this boy? Is eight years in custody too little or too long for a child this age? Should he be released to his parent’s custody while undergoing treatment or is he a serious risk to the community? What factors should be taken into consideration when deciding an appropriate penalty for such a serious crime?

Photo by Southborough (Flickr)

 

 

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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