Prosecution Wants Teen Tried as Adult
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Date: January 14, 2008 02:25PM
LOUDOUN COUNTY
Juvenile Standing At Issue in DWI Case
Prosecution Wants Teen Tried as Adult
By Bill Brubaker
Washington Post Staff Writer
Saturday, January 12, 2008; Page B02
A 17-year-old Fairfax County girl charged in a drunken-driving crash in September that killed a 59-year-old Leesburg woman engaged in "binge drinking" and should be tried as an adult, a prosecutor said yesterday.
An attorney for the girl, who is charged with aggravated involuntary manslaughter, argued that the felony case should remain in juvenile court because his client is immature, has no criminal record and has demonstrated remorse.
The 45-minute hearing before Loudoun County Circuit Court Judge Thomas D. Horne came in response to a juvenile court judge's decision in November that the teenager's case would be heard in juvenile court. Loudoun Commonwealth's Attorney James E. Plowman appealed that decision, saying in an interview at the time that the girl "took another human being's life through her own criminally negligent behavior."
The victim, Kathleen Becker, was returning from choir practice at Christ the Redeemer Roman Catholic Church in Sterling to her home in Leesburg, where she lived with her husband and disabled teenage son.
Authorities said the girl had been drinking at a party and a football game before her Ford Escape sport-utility vehicle struck Becker's car on a two-lane stretch of Route 15 near Leesburg. Becker, who was wearing a seat belt, died instantly. The girl, who was not wearing a seat belt, suffered cuts and bruises.
The girl had a blood alcohol level of .17, well above the .08 limit under Virginia law, according to court records. The Washington Post generally does not publish the names of defendants tried as juveniles.
In a courtroom filled with several dozen of the defendant's classmates and relatives, Assistant Commonwealth's Attorney Adriana Eberle said the girl, a senior at Westfield High School in Chantilly at the time of the crash, engaged in "adult behavior" that night. "Nobody forced alcohol down her throat," she said.
If tried as an adult, she faces one to 20 years in prison. At the hearing, defense attorney Peter D. Greenspun noted that his client is "physically small," before posing the question, "How would she do in an adult incarceration setting?"
At first, his client was charged by Virginia State Police with driving under the influence, a misdemeanor. But after Plowman's office was consulted, she was charged with a felony.
Plowman petitioned the juvenile court to transfer the case to Circuit Court. Juvenile court judge Pamela L. Brooks ruled that the case should remain in juvenile court, a decision that Plowman appealed.
Under Virginia law, judges must weigh certain factors in deciding whether a juvenile case should be moved to an adult court. The factors include the defendant's age and school record, mental and emotional maturity, the seriousness of the charges, prior contact with the juvenile justice system and whether the alleged offense was committed in an aggressive or premeditated manner.
Those factors were at the heart of a debate between the prosecutor and defense attorney. Greenspun said his client has no criminal record and is a good student who was a "young and relatively inexperienced drinker." He said she was "removed" from Westfield High by the Fairfax school system after she was charged and is studying in a county "outreach" program.
Eberle said the girl has a "high degree of maturity" and comes from a "good family," adding: "Her mother is not a drug addict. Her father is not a drug addict. She has no excuse for what she did."
Greenspun said the girl, who turned 17 less than three weeks before the crash, "is not almost 18" and should not, therefore, be treated as an adult.
Eberle said the girl will probably be 18 when she is sentenced. "The defendant was not 13 years old when she committed this offense," she said.
Last summer, Greenspun represented another Fairfax girl, also 17, who was charged with involuntary manslaughter after a high-speed crash on the George Washington Memorial Parkway killed one of her passengers and seriously injured two others. That case, tried in Arlington County Circuit Court, resulted in a one-year jail sentence for Saadet Muslu, now 18.
The Loudoun defendant could face a stiffer sentence because her involuntary manslaughter charge was "aggravated."
Susan Cleveland, president of the Loudoun chapter of Mothers Against Drunk Driving, said the punishment will not be sufficient if she is tried as a juvenile. "The sentence will be much greater if she is tried as an adult," she said. Becker's family "really wants a message sent that these kids should . . . have consequences and they just can't drink and drive," she said.