Monday, December 28, 2009

Truvia case continues as options weighed

Post from Tyler Paper:

State Trying To Certify Alleged Teacher Stabber As An Adult For Trial
Staff Writer

Another detention hearing was waived on Monday in the case of the juvenile who is accused in the stabbing death of John Tyler High School teacher Todd Henry. The stabbing took place on September 23 while Henry sat at his desk inside of a special education classroom.

Jim Huggler, the youth’s attorney, said there are two ways in which the state may proceed—through discretionary transfer, or through a determinate sentence. He said the state has already filed a petition for discretionary transfer, which could lead to the accused juvenile to be tried as an adult.

“The state is in the process now of performing a court transfer study, which has been happening for the past few weeks,” he said.

There are several factors to consider when making that determination, according to the Texas Family Code. The first consideration is whether the alleged offense was against person or property, with the greater weight given in favor of offenses against a person. The other points to evaluate in the court transfer study are the sophistication and maturity of the child; the record and previous history of the child; and the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services and facilities currently available to the juvenile court.

Huggler said he did not know when the process of the court transfer study would be complete.

The other possibility for the accused juvenile will be for a determinate sentence, which means that the youth’s case will be handled by the juvenile court system.

Watch and the Tyler Morning Telegraph today and Tuesday for more details on this story.

Post from
SMITH COUNTY, TX (KLTV) - Another hearing has taken place in the case of accused murderer Byron Truvia, 16. Truvia is accused of fatally stabbing his teacher at John Tyler High School in September.

The state has asked for Truvia's case to be moved to adult court. But, we learned prosecutors are also asking for something called a determinate sentencing.

Truvia's attorney says, if that happens, the court could find enough evidence to hand down a sentence of up to 40 years.

"That is one of the options," said Jim Huggler, Truvia's attorney. "That'll be up to the District Attorney to determine which road to take."

Truvia is still being held at the Smith County Juvenile Attention Center. Another hearing is scheduled in two weeks.

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