Legal expert explains juvenile court system after 13-year-old charged with murder

INDIANAPOLIS (WISH) — A 13-year-old boy remains in juvenile detention accused of shooting and killing a 10-year-old boy in Cumberland.

It happened at an apartment on Wickerwood Drive in May.

The father of Anthony Harmon Junior told 24-Hour News 8 Tuesday evening he had no comment. He did tell 24-Hour News 8 in early June that his family was not satisfied with the investigation. They believe the shooting was an accident, not intentional, and not a homicide.

Family, classmates, and teachers held a memorial service to honor the life of Anthony Harmon Junior just days before his funeral. That same weekend, his father and older sister talked to the media about his death.

“It was an accident. It was not intentional and that’s all I could say about it,” said Anthony Harmon Senior, father.

“I believe that somebody was playing with a gun they didn’t have no business playing with it and it accidentally went off and he got shot. That’s what I believe,” said Lakesha Hamilton, sister.

But after reviewing the case, prosecutors believe the shooting was intentional. A petition for murder was filed against a 13-year-old boy in juvenile court this week.

Chris Eskew is a criminal defense attorney in downtown Indianapolis.

“It really depends on how you look at it,” said Eskew. “I mean as far as the risk of possible punishment goes, no, it’s not as severe in juvenile court as it is in adult court.”

Eskew did not work on this case, but is giving 24-Hour News 8 a look into the juvenile court system.

“Juvenile law is different in that it’s not really meant to be punishment, it’s supposed be rehabilitative and what could we do to get the child back on track and to make sure nothing like this happens again,” Eskew said.

Eskew said a judge will decide the outcome in the end.

“A lot of discretion of the judge. It’s not minimums or maximums like it is in adult court,” he said. “So it’s just how long would the court have jurisdiction over an individual that would typically end at 21.”

Eskew explains the judge will also decide what kind of help the child will receive.

“It’s a case by case basis. I mean sometimes it’s counseling, sometimes it’s placement outside the home, sometimes it’s boys school, sometimes it’s just probation, making sure you go to school,” Eskew said. “It really depends on the case and what the needs of the child are.”

At this time it’s still unclear what the relationship is between Anthony Harmon Junior and the 13-year-old boy.

The next court hearing is scheduled for the end of June.