SAN DIEGO, Calif. (NEWS 8) -- The case involving a Scripps Ranch teenager charged with murder in the shooting death of his father will remain in juvenile court for now.
The 15-year-old boy’s case was put on hold Tuesday because Senate Bill 1391 is sitting on the Governor’s desk awaiting signature.
SB 1391 would prevent 14 and 15 year olds from being tried as adults in California.
The Scripps Ranch boy was arrested in April and accused of shooting his father to death inside the family’s home.
He faces 50 years to life in prison if tried as an adult, or a maximum of nine years if he stays in the juvenile court system.
His sentence may hinge on whether Governor Jerry Brown signs SB 1391 by the end of the month.
The boy's defense attorney Mary Ellen Attridge explained what the new law would mean.
“If you were convicted of a homicide and are under the age of 16, you will be considered a juvenile and maximum exposure will be up to the age of 24,” Attridge said.
Under existing law, prosecutors could still try the teenager as an adult but Attridge says the boy should stay in the juvenile system.
“The client is an honor student. He has no prior record. There was a history of domestic violence in the family. There's a lot of factors in this case that would mitigate his case very much. So, we hope to meet with the DA's office and accomplish that very soon,” she said.
San Diego County District Attorney Summer Stephan and more than 40 other California district attorneys oppose the bill, saying in a letter to Governor Brown, “SB 1391 puts our communities at risk... The unfortunate reality is that some juveniles commit horrific crimes that render the juvenile court system ill-equipped and unprepared."
There is legal debate over whether SB 1391 could also be applied retroactively to older cases like the 2001 Santana High School shooting where Charles “Andy” Williams, 15, was sentenced in adult court and received 50 years to life.
“I think anybody who was convicted at the age of 15 or 14 of homicide, after the passage of Proposition 21, would be eligible for parole,” said Attridge.
“Possibly Santana (High School shooter) and the subsequent ones; so it’s something that really needs to be analyzed not only here but statewide,” she said.
Governor Brown has until Sunday to either sign or veto SB 1391.
Supporters of the bill say children who are age 14 or 15 when they commit a crime deserve a chance to be rehabilitated, rather than spend a lifetime in adult prison.
The Scripps Ranch teen’s murder case has been continued with the next hearing set for November 15.