FAYETTEVILLE -- Lawyers for an 18-year-old Springdale teen charged with attempted capital murder related to a shooting near Springdale High School last summer asked a judge Thursday for his case to be transferred to juvenile court.
Cristofer Nicasio is charged as an adult in Washington County Circuit Court because prosecutors believe he intended to kill Jose Sanchez, according to Matt Durrett, Washington County prosecutor. Nicasio was 17 at the time of the shooting and turned 18 in April. He pleaded not guilty in September.
Extended Juvenile Jurisdiction
A program aimed at helping juveniles who commit particularly serious crimes to return to law-abiding behavior. The juvenile justice system is permitted in some instances to keep convicted offenders under supervision until they turn 21. It is possible an offender could be given an additional adult sentence after turning 21, although that is rare. The offender’s age, criminal history, and the circumstances surrounding the crime determine an Extended Juvenile Jurisdiction sentence.
Source: Staff report
Nicasio's attorney, Daniel Feild, argued there's more likelihood of rehabilitation through juvenile court alternatives. Juvenile court could maintain jurisdiction until Nicasio is 21 under extended juvenile jurisdiction.
Feild also argued Nicasio has low cognitive function, poor impulse control and failed to understand the consequences of his actions.
"The law allows juveniles to be treated different," Feild said. "There's no indication he has any tendencies toward violence."
Feild said Nicasio, who is slight of stature, thought he was going to be jumped by Sanchez and his associates or that he could be shot.
Brian Lamb, deputy prosecutor, said attempted capital murder is a serious and violent offense that doesn't belong in juvenile court.
"Cristofer Nicasio did everything he could to kill Jose Sanchez," Lamb said. "It's not his fault that Jose Sanchez is still alive."
Lamb said Nicasio is an admitted gang member with a criminal history that includes arrests for being a juvenile in possession of a handgun, resisting arrest and disorderly conduct prior to the August shooting. And, he'd had his probation revoked twice before that and had been out on probation about a month when the shooting happened, Lamb said.
"What we're really talking about with Cristofer Nicasio is whether he deserves a fifth chance," Lamb said. "He's charged with attempted capital murder. It really doesn't get more serious than that."
Lamb said Nicasio had ample opportunity to avoid confrontation. Instead, as seen in surveillance video, he pulled a gun from his pants, walked toward a group of people including Sanchez and began firing at them with a semi-automatic handgun.
Police said they found eight spent .22-caliber shell casings and one unfired round at the scene. The gun was never found by police.
Sanchez, who was 16 at the time, was hit in the left hip and left side. A third shot grazed the top of his head, leaving a crease from front to back, according to testimony Thursday.
Doctors at the State Hospital found Nicasio mentally fit to stand trial. They found he didn't suffer from a mental disease or defect and he has the capacity to understand the proceedings against him and assist in his own defense.
Lamb also argued keeping Nicasio in juvenile court would result in him being able to walk out of jail in less than three years from now with no criminal record.
"All this time we're ticking toward this 21st birthday deadline," Lamb said.
Circuit Judge Joanna Taylor said Thursday she's required to issue a written ruling in the case and expects to do that by the week of July 12.
The shooting happened about 4:13 p.m. Aug. 19 about a block from the school. Nicasio was arrested in Lowell later the same day.
Nicasio and Sanchez were Springdale High School students, police said. Both told police the shooting stemmed from an incident at school, according to the police report. They were supposed to meet after school to fight, according to testimony
Police characterized the shooting as gang-related. Nicasio told police two of his friends, Jimmy Rodriguez and Fabian Rodriguez, were shot and killed by rival gang members.
Nicasio remains in custody at the Washington County Juvenile Detention Center.
NW News on 06/24/2016