Boy, 10, Charged as Adult in Death of Woman, 90

[cali]

Source: ABC

A 10-year-old boy has been charged as an adult in the beating death of a 90-year-old woman over the weekend in northeastern Pennsylvania.

Prosecutors in Wayne County said the boy was visiting his grandfather, the caretaker of Helen Novak, in Tyler Hill on Saturday, when county emergency responders got a call reporting her death.

District Attorney Janine Edwards said in a statement that the boy's mother brought him in to the state police barracks at Honesdale the same afternoon and reported that her son had told her that he had gone into the woman's room and she yelled at him.

The boy told his mother that "he got mad, lost his temper and grabbed a cane and put it around Novak's throat," police said. Advised of his rights and interviewed by a trooper, he said he "pulled Novak down on the bed and held the cane on her throat and then punched her numerous times," authorities said.

State police said the boy told them that he went to his grandfather and told him that the woman was "bleeding from her mouth" but denied he had harmed her, but later told him that he had punched the woman and put a cane around her neck.

Read more: http://abcnews.go.com/US/wireStory/10-year-charged-adult-death-woman-90-26174289

---

I think charging a 10 year old as an adult is appalling. Yes, it's a horrific crime, but a 10 year old should never be charged as an adult.

[secondwind]

1. god, this is awful... he needs guidance, not a jail cell

[Arugula Latte]

79. He needs to be put down? You are sick. This is a child.

And how the hell do you know that his parents are the cause? Mental illness manifests in children, too.

Wow, you are a piece of work.

[blackcrowflies]

88. vicious murderer of a 90 year old woman

He should at the least be removed from society forever.

Anyone who's been a victim of a vicious "child" criminal, as I have, would agree. At some point with sociopaths, age is irrelevant.

[Arugula Latte]

89. The poster was advocating killing a child.

Do you go along with that?

[gvstn]

2. I agree with you.

Either we have a juvenile justice system or we do not. If they want to increase the maximum penalty for juveniles beyond 21 years old that is fine but they still should be tried in a system that is thoroughly versed in how juveniles think/reason and behave.

[TexasMommaWithAHat]

5. I agree with this

nt

[Happyhippychick]

9. And I agree with both of you

[tk2kewl]

19. it's barbaric to try the child as an adult

I don't see how it is done for any other reason than revenge or, more likely, for a prosecutor to make some sort of "tough on crime" statement

[JimDandy]

21. Yes. This is one of the big things I want changed

before I leave this earth.

[AngryOldDem]

3. Have they even psychologically evaluated him?

From the description of his behavior it sounds like he's got serious issues.

Charging and trying him as an adult will just perpetuate the tragedy.

[gvstn]

8. That is the real concern.

The crime was committed over the weekend and by Tuesday morning they have decided he is legally an adult. I doubt any credible psychologist would sign off on that evaluation.

[AngryOldDem]

23. Doesn't sound like any medical professional was consulted.

That is troubling.

[phil89]

52. Back to the idea that mental illness

causes violence? Ugh

[christx30]

73. Then what caused this?

Evil? Bad parenting? Most 10 year olds respect older people and would never murder an adult.
There is something wrong with this kid's brain, and it sounds like he can lash out and harm someone with little or no reason. So, to keep society safe from him, he needs to be locked away at least he can be treated.
What do you think should happen to him?

[thesquanderer]

82. No one said mental illness necessarily causes violence.

But that is not an odds with understanding that many violent people are that violent because they are mentally ill.

[TexasMommaWithAHat]

4. I don't think kids should be charged as adults

But I do believe that ten year olds are old enough to know right from wrong even with less developed frontal lobes. He didn't just hit her once in anger. He decided to torture her because he didn't like what she said.

I'm afraid he might be a little sociopath who started early.

And I have no opinion on what should be done with him, because I think we are all flummoxed by children like this.

[leftyladyfrommo]

17. He sounds like a violent psychopath.

Even as little kids they can do appalling things. And they grow up and do even more appalling things.

Those are the kinds of people the FBI is trying to focus on by making animal cruelty a felony and giving it high priority. Violent psychopaths need to be kept away from the general public.

But he is not an adult and should not be charged as such.

[adigal]

38. Like GW Bush, who supposedly tortured animals. Should have put him in jail. nt

[JonLP24]

46. They can still damage lives and cause mischief

in prison.

I don't know the best to deal way to deal with sociopaths especially from an ethical standpoint but I feel that I needed to make that point. Not addressed specifically to you, I've seen a lot of similar responses that locking them up is a solution to the sociopath problem. Of course they should be charged and convicted of crimes they commit.

[leftyladyfrommo]

74. Only violent sociopaths

Lots of sociopaths lead pretty normal lives. 4% of the population are sociopaths. Most are not violent.

[JonLP24]

75. Non-violent sociopaths can still cause plenty of mischief and ruin lives

Financial is one way. Wonder why suddenly a workplace has become hostile for no apparent reason? A sociopath could be involved causing conflicts but doing it in a way where it is difficult to trace it to them. There are plenty of non-violent ways you can ruin lives.

I think the portrayal of Marlo Stanfield was one of the best depictions of this sort of chaos. Though the actions led to violence and some of the confusion caused was through a violent action. You see people unable to figure out why something is happening and blaming or suspecting the wrong field of why they are feuding w/ someone when that feud was created by the person that benefits from it.

They are very slick.

[leftyladyfrommo]

76. It's best to stay away from them.

They seem to get a kick out of messing other people's lives. I had to work for one and she was just awful. Better to just not engage if possible. They especially like tomess with nice people.

[Orsino]

80. If we define minors as not responsible for their actions, the practice is nonsensical.

Charging them as adults is nothing more than a jurisdiction indulging a punishment fetish.

[Maedhros]

81. Many confuse vengeance with justice. [n/t]

[Dont call me Shirley]

6. The kid plays too much Special Ops Call of Duty, creating psychopaths day in day out.

[cyberswede]

14. Huh? Was there anything in the article about video games?

Or did you forget the sarcasm tag?

[Dont call me Shirley]

71. Quite a few people who go on these killing rampages have been avid users of violent video games.

I'm not saying that many people who play those games are violent killers. I'm saying that with some people, who tend to be unstable, those types of violent video games accentuate their violent feelings and impulsiveness. I was suggesting that these violent games can play a big part in giving people the courage to act out.

I feel so much sorrow for the boy's grandmother, his grandfather, his parents and for him. This was a senseless act. The child should not be tried as an adult. He will need long term psychiatric and psychological care. Criminal laws need to be such that a child can be tried as a child yet mental health care remain a requirement through adulthood.

We must stop this madness of excessive repetitive violence in video games, tv, movies, music and in our culture period. It is doing nothing but creating more violence, one act more appalling than the last.

[FourScore]

7. Sad on so many levels... n/t

[GOLGO 13]

10. ????

Last edited Wed Oct 15, 2014, 01:56 PM - Edit history (1)

?

[cali]

12. sorry, but your ridiculous statement runs counter to

what the U.S. judicial system is supposed to uphold. I certainly know better than you. To your ilk, revenge is synonymous with justice. Repugnant.

[adigal]

39. What is to say the son would be operate from vengeance, rather than compassion?? nt

[Gormy Cuss]

42. It's irrelevant because our system does not let families decide what is just. n/t

[cali]

45. arrgh. whether from compassion or vengeance,

isn't the point. There are solid reasons why we don't hand the judicial process over to the families of victims. To not understand that, is to not understand the most elemental things about the justice system.

[adigal]

47. I understand. I was being snarky. But if, God forbid, someone harmed one of my children,

I would be hard pressed to let the justice system take care of it.

[Bettie]

18. So, you'd advocate a system of veangance

rather than a system of justice?

There is a reason the victims or families of victims don't choose penalties.

[AngryOldDem]

22. Just a brief reading of the story indicates possible serious mental health issues.

He is 10 years old, for Christ's sake. Get him evaluated. Get him help. Commit him to a facility, if that's what the psychiatrists conclude, as long as he gets help.

Throwing him into the adult court and penal system will only guarantee that he will become worse. But that seems to be the American way anymore -- take the easy way out by throwing someone away rather than trying to get him help.

And before you say it -- I have the utmost sympathy toward this woman and her family. This is a tragedy all the way around.

[samsingh]

29. i agree with your intent

[Blue_Adept]

41. Says the poster with the name of a fictional assassin character

No surprise there.

[Renew Deal]

55. I didn't know we had so many members in Saudi Arabia

[McCamy Taylor]

65. That does not even make sense.

[treestar]

11. While charging him as an adult is absurd

This is a very disturbed child.

[theHandpuppet]

13. My thoughts exactly

Word for word.

[cyberswede]

15. Very tragic. But no 10 year old should be tried as an adult.

He needs psychological support, not prison.

[Lrobby99]

16. Recipe: Take one completely screwed up Justice System, and Add Children

Yeah, that just makes perfect sense. Let me guess. Someone is running for higher office soon?

[KurtNYC]

20. Video of news story here

http://wnep.com/2014/10/13/10-year-old-boy-charged-with-homicide-of-90-year-old-woman/

another report said they charged him as an adult because homicide can't be charged to a juvenile.

Punched her in the throat which is an effective way to kill someone-- where did he learn that?

[DesertDiamond]

25. I totally agree! He needs counseling, not jail! In fact, I think even adults need that.

[samsingh]

35. councelling? there is something profoundly evil in what was done

i guess the life of the 90 year old doesn't matter

[cali]

37. I'm not saying he doesn't need to be incarcerated in a juvenile facility.

I think he does. He's demonstrated that he is a danger.

[cstanleytech]

26. Mmm I think that depends cali. If they are doing it because its the only way the kid can legally get

psychiatric treatment under state law in a mental facility it makes alot more sense than just sending him to a juvenile facility if the law doesnt provide for treatment at said facility for juveniles for this type of crime.

[cali]

34. It almost certainly is not the only way that the kid can get psychiatric treatment.

first of all, there is no such thing as psychiatric treatment for "types of crime". secondly, psychiatric treatment is available to juveniles who have committed all kinds of crimes- including murder. And he almost certainly will be held until trial at a juvenile facility.

[cstanleytech]

50. Thanks as I was not familiar with that states laws at all regarding juveniles

accused of a crime such as this but however it turns out hopefully the kid gets the treatment he clearly needs.

[Hoppy]

27. Another wrong in this case, "advised of his rights and interviewed by a trooper,...."

How can a 10 year old understand what the trooper said and asked?

[OnlinePoker]

62. His mother brought him to the police

I would assume she was in the room (or should have been) through the whole process.

[hedgehog]

28. It may be that someone has taken a look at this kid and decided that it is never going to be safe

to let him out of custody. I'm guessing that if he's charged as a juvenile, he can only be held until age 18.

[cali]

31. How could anyone have "taken a look" at him when this just happened?

[get the red out]

30. Just let the widdle baby-waby go!

He's so young, he can't be a meany-weany sociopath. Precious baby, how much longer could that hateful old woman live anyway? Let the kiddie psychologist give him a lolly-pop and some anti-depressants, and tuck him in his own bed; and boo on all those nasty people who aren't happy.

[cali]

33. No one is suggesting that. This is about charging young children as adults.

[get the red out]

36. Two options

Charge him as a juvenile and let him out at 18 or charge him as an adult and keep him off the streets.

Maybe a third option should be developed, we certainly need one! Or he may well kill again. What is someone's life worth? We have to make that decision.

[marble falls]

32. He's a kid who went to an adult to report the event and came clean quickly. Why as an adult???

[ieoeja]

51. I was beginning to think I was the only one who noticed that.

To me that is a hugely indicitive of his not understanding how serious his actions were. Even discarding that for a second and pretending that a 10 year old is a fully formed adult (?!?!?), it still serves as evidence that murder was not his intent.

Even look at what he said. "She is bleeding from the mouth". It sounds like the child was surprised that happened.

A lot of people see sociopaths everywhere. The most common sociopath I see is the one who uses "justice" and "the law" to justify their desires.

[FarrenH]

40. There are actual biological differences

in the decision-making equipment of adults and teens/children. In a ten year old boy, myelination is still happening in the brain, which means the circuitry isn't completely shielded from short-circuits. And a bunch of other stuff is happening that is not happening in an adult brain. A child's brain does not have the decision-making abilities of an adult although obviously it can be influenced by punishment and reward. This kid needs to be both punished and counseled, but not in the same way as an adult. I hope being charged as an adult doesn't lead to being punished as an adult.

It's tragic that a woman has died, but 10-year-olds are not entirely responsible for their own behaviour. I imagine many, many children are capable killing of someone in a fit of rage, but generally lack the means to do so.

[BuelahWitch]

54. He choked and beat a helpless old lady to death. He knew what he was doing

A 10 year old knows right from wrong. He is not a baby in diapers. What's chilling is that he knew exactly what to do to make her suffer and kill her.

Put him away.

[TexasMommaWithAHat]

69. Ten year old kids know right from wrong

How many ten year old children would NEVER, EVER torture an animal? Is it because their frontal lobes are more developed than the twenty-six year old who does torture animals? I don't think so.

Immature frontal lobes do not "create" violence or lack of conscience, although they are partly to blame for young people making bad choices and acting recklessly.

If kids don't think through their actions, they might do something like shoplift a candy bar on a dare, whereas they would never do that as an adult. Or that sixteen year old might drive too fast, thinking he is invincible. Immature frontal lobe development can allow young people to do very foolish things, but even with immature frontal lobes, the vast majority of kids are not ever going to do anything that they know is truly wrong. The same ten year old who shoplifts that candy bar would not stab someone over that candy bar. Most wouldn't even trip an old person and make them fall in order to steal a candy bar.

That's because most kids do have empathy.

[JonLP24]

43. A little ridiculous

The boy will have a very different brain by the time he hits 22 or so.

Though a little earlier than those weird 15-19 brain changes.

[logosoco]

44. This is a tough one.

I do agree that a 10 year old is not an adult, but can know right from wrong and understand if their actions are harmful. But some don't, hell, some adults don't know this.
Prison should only be for the most violent crimes.
I am thinking of what I would do if this was my child. That's tough. I wouldn't want them to be in prison, but I also wouldn't feel safe if they were not. I would feel like I needed to be with them at all times to make sure they weren't hurting anyone. There needs to be an in-between place. Seems like we used to have those things, before Reagan decided we didn't need them.

I do hope this boy can find a way in this life that brings peace and wisdom to him and his family and those he has hurt.

[valerief]

48. What a twisted kid. What could have made him like that? nt

[jtuck004]

49. Good. At least someone is doing something. Where were they when the vicious little turd was

killing her?

Wonder who his next victim will be and what the excuses will be then? Maybe your 8 year old?

It won't be his last victim.

[deathrind]

53. Another case of the type of crime determining the maturity...

[Calista241]

56. That they've charged him doesn't mean he'll be prosecuted as an adult.

Children under the age of 11 are legally incapable of forming "intent" under Federal law. It's known as the Defense of Infancy.

[still_one]

57. How can he be tried as an adult?

[packman]

58. This was probably not his first incident

A look in his background will probably reveal animal torture, bullying, and other acts that should have set off alarms.

Regardless of age, this is a seriously sick person.

[get the red out]

60. I agree with this

He needs some serious, long-term psychiatric care, to say the least!

[happyslug]

84. No, Pennsylvania is quick to charge children of this age of Murder.

Under Pennsylvania law any "Serious" Crime done by a Juvenile MUST be filed as an Adult Crime. Then a hearing is held to determine if it should be transferred to Juvenile court. Thus the fact he was charged as an adult for Murder indicates only that there is evidence he Murdered someone, but that is all.

[KentuckyWoman]

59. We need better options

Whether the police handled it wrong, or the DA is out of line. These things will be handled in court. Especially now that this hit the national media. Hard to railroad a 10 year old now that everyone is looking.

But the fact is, even if the police handled it perfectly (doesn't sound like they did) and the DA is correct that the adult system is the best option available in this case - well trying a child as an adult has always been and will always be wrong.

People get outraged. But the cases of this have been too rare for any serious conversation or action to create a better option. Who knows if this will be the kid, or the Mom who pushes and shoves until something gets changed. We can hope so......

[get the red out]

61. Good post

I am sure another option could be put into law. Public safety must be taken into account as well as the person's age. Unless he receives psychiatric care there's a good chance he will become even more dangerous as he gets older. Something has to be done to address mental illness in kids like this in a serious way.

[happyslug]

86. Under PA Law, the child MUST be charged as an adult, the DA has NO discretion in that charge,

Pennsylvania has adopted a procedures where juveniles charged with murder (and other severe crimes) MUST be charged as adults AND then a hearing is held to see if they are "Amenable" to rehabilitation, and if that is show to be the case the case is then transferred to the juvenile system.


Thus the DA must charged the child as an adult with Murder. Some time later his month, a hearing will be held to see if the case should be held in Juvenile court. I suspect that will be the case given that the child is just 10 and appears to have some mental problems.

[blkmusclmachine]

63. I hope I don't read about this guy in 20 years as America's newest serial killer.

[Doctor_J]

64. Unfortunately this kid is probably a done deal

I'd be surprised if he hasn't killed a small animal already. He should not be charged as an adult, but this event should not be written off as an anomaly. He needs to be taken out of society, at least semi-permanently.

[LoisB]

66. Sad, sad, sad but I don't think charging him as an adult is the answer.

[JVS]

67. One line in the article explains why

"The prosecutor said the crime of criminal homicide is excluded from juvenile law, so the boy was charged as an adult."

[Kalidurga]

78. One of the many aspects of our criminal laws that need reformed.

Someone could write volumes on the things wrong with our system of "justice".

[happyslug]

87. Murder is excluded UNLESS after a hearing it is ruled to be a juvenile case.

See my post below on how Pennsylvania law works in such matters. In murder cases such juvenile are first charged as adults and then a hearing is held to "Decertified" the case as an adult case and transfer the case to juvenile court. That hearing will be next month.

[Brickbat]

70. Whoa, caretaker fail.

[Jim__]

72. Our criminal justice system is insane. - n/t

[liberalmuse]

77. He's not an adult.

He committed an adult crime, but does not have the mental capacity of an adult. Therefore he should not be charged as an adult. It really is that simple. But we're not that far behind the old primitive, tribal laws of "an eye for an eye". Americans demand vengeance, even if it is on a child. We truly are a throwaway society. Perhaps we should follow Canada and Britain and other more civilized countries, but I guess that is too much to hope for from a self-described "Christian" nation.

[Xithras]

83. The childs mother is now confirming that he has mental difficulties...

...and that his problems make him difficult to control. The police have also confirmed that his interviews indicated that the boy wasn't actually trying to kill the woman. He became angry and struck her, and the injuries were only fatal because of her advanced age.

This kid isn't some sociopathic murderer. He's a child who needs medical help.

[happyslug]

85. Under PA Law this child MUST be charged as an Adult...

Last edited Tue Oct 14, 2014, 09:56 PM - Edit history (1)

Under Pennsylvania law any child that commits a serious offense MUST be charged as an adult. Later on, after a hearing, the case MAY be transferred to Juvenile court but the initial charge is as an adult.

Pivoted case in this matter is Commonwealth vs Brown, 26 A.3d 485 (2011)Pa: Superior Court 2011

http://scholar.google.com/scholar_case?case=3007692769135776826&q=%22Jordan+Brown%22+PA+Superior+Court&hl=en&as_sdt=6,39

For more details see:

http://books.google.com/books?hl=en&lr=&id=dTLLAgAAQBAJ&oi=fnd&pg=PA241&dq=%22Jordan+Brown%22+PA+Superior+Court&ots=_J6tZ3_iLF&sig=StttY13QysckJTKWPM9KMa88HF8#v=onepage&q=%22Jordan%20Brown%22%20PA%20Superior%20Court&f=false

The key starts with what can be a "Delinquent Act" in Pennsylvania for under 42 PA C.S section 6302 "Definitions" Murder is NOT a delinquent act.

"Delinquent act."

(1) The term means an act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law, or under local ordinances or an act which constitutes indirect criminal contempt under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).

(2) The term shall not include:

(i) The crime of murder..

Under 42 PA C.S Section § 6322. a child under 18 charged with Murder and other above crimes MAY be Transferred if the minor fits under the rules set forth in 42 PA. C. S. Section 6322

§ 6322. Transfer from criminal proceedings.

(a) General rule. --Except as provided in 75 Pa.C.S. § 6303 (relating to rights and liabilities of minors) or in the event the child is charged with murder or any of the offenses excluded by paragraph (2)(ii) or (iii) of the definition of "delinquent act" in section 6302 (relating to definitions) or has been found guilty in a criminal proceeding, if it appears to the court in a criminal proceeding that the defendant is a child, this chapter shall immediately become applicable, and the court shall forthwith halt further criminal proceedings, and, where appropriate, transfer the case to the division or a judge of the court assigned to conduct juvenile hearings, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. If it appears to the court in a criminal proceeding charging murder or any of the offenses excluded by paragraph (2)(ii) or (iii) of the definition of "delinquent act" in section 6302, that the defendant is a child, the case may similarly be transferred and the provisions of this chapter applied. In determining whether to transfer a case charging murder or any of the offenses excluded from the definition of "delinquent act" in section 6302, the child shall be required to establish by a preponderance of the evidence that the transfer will serve the public interest. In determining whether the child has so established that the transfer will serve the public interest, the court shall consider the factors contained in section 6355(a)(4)(iii) (relating to transfer to criminal proceedings).

(b) Order. --If the court finds that the child has met the burden under subsection (a), the court shall make findings of fact, including specific references to the evidence, and conclusions of law in support of the transfer order. If the court does not make its finding within 20 days of the hearing on the petition to transfer the case, the defendant's petition to transfer the case shall be denied by operation of law.

(c) Expedited review of transfer orders. --The transfer order shall be subject to the same expedited review applicable to orders granting or denying release or modifying the conditions of release prior to sentence, as provided in Rule 1762 of the Pennsylvania Rules of Appellate Procedure.

(d) Effect of transfer order. --Where review of the transfer order is not sought or where the transfer order is upheld the defendant shall be taken forthwith to the probation officer or to a place of detention designated by the court or released to the custody of his parent, guardian, custodian, or other person legally responsible for him, to be brought before the court at a time to be designated. The accusatory pleading may serve in lieu of a petition otherwise required by this chapter, unless the court directs the filing of a petition.

(e) Transfer of convicted criminal cases. --If in a criminal proceeding, the child is found guilty of a crime classified as a misdemeanor, and the child and the attorney for the Commonwealth agree to the transfer, the case may be transferred for disposition to the division or a judge of the court assigned to conduct juvenile hearings.

6355 Transfer to criminal proceedings.

(a) General rule. --After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, of this Commonwealth, the court before hearing the petition on its merits may rule that this chapter is not applicable and that the offense should be prosecuted, and transfer the offense, where appropriate, to the division or a judge of the court assigned to conduct criminal proceedings, for prosecution of the offense if all of the following exist:

(1) The child was 14 or more years of age at the time of the alleged conduct.

(2) A hearing on whether the transfer should be made is held in conformity with this chapter.

(3) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing.

(4) The court finds:

(i) that there is a prima facie case that the child committed the delinquent act alleged;

(ii) that the delinquent act would be considered a felony if committed by an adult;

(iii) that there are reasonable grounds to believe that the public interest is served by the transfer of the case for criminal prosecution. In determining whether the public interest can be served, the court shall consider the following factors:

(A) the impact of the offense on the victim or victims;

(B) the impact of the offense on the community;

(C) the threat to the safety of the public or any individual posed by the child;

(D) the nature and circumstances of the offense allegedly committed by the child;

(E) the degree of the child's culpability;

(F) the adequacy and duration of dispositional alternatives available under this chapter and in the adult criminal justice system; and

(G) whether the child is amenable to treatment, supervision or rehabilitation as a juvenile by considering the following factors:

(I) age;

(II) mental capacity;

(III) maturity;

(IV) the degree of criminal sophistication exhibited by the child;

(V) previous records, if any;

(VI) the nature and extent of any prior delinquent history, including the success or failure of any previous attempts by the juvenile court to rehabilitate the child;

(VII) whether the child can be rehabilitated prior to the expiration of the juvenile court jurisdiction;

(VIII) probation or institutional reports, if any;

(IX) any other relevant factors; and

(iv) that there are reasonable grounds to believe that the child is not committable to an institution for the mentally retarded or mentally ill.

(b) Chapter inapplicable following transfer. --The transfer terminates the applicability of this chapter over the child with respect to the delinquent acts alleged in the petition.

(c) Transfer at request of child. --The child may request that the case be transferred for prosecution in which event the court may order this chapter not applicable.

(d) Effect of transfer from criminal proceedings. --No hearing shall be conducted where this chapter becomes applicable because of a previous determination by the court in a criminal proceeding.

(e) Murder and other excluded acts. --Where the petition alleges conduct which if proven would constitute murder, or any of the offenses excluded by paragraph (2)(ii) or (iii) of the definition of "delinquent act" in section 6302 (relating to definitions), the court shall require the offense to be prosecuted under the criminal law and procedures, except where the case has been transferred pursuant to section 6322 (relating to transfer from criminal proceedings) from the division or a judge of the court assigned to conduct criminal proceedings.

(f) Transfer action interlocutory. --The decision of the court to transfer or not to transfer the case shall be interlocutory.

(g) Burden of proof. --The burden of establishing by a preponderance of evidence that the public interest is served by the transfer of the case to criminal court and that a child is not amenable to treatment, supervision or rehabilitation as a juvenile shall rest with the Commonwealth unless the following apply:

(i) a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used and the child was 14 years of age at the time of the offense; or

(ii) the child was 15 years of age or older at the time of the offense and was previously adjudicated delinquent of a crime that would be considered a felony if committed by an adult; and

(2) there is a prima facie case that the child committed a delinquent act which, if committed by an adult, would be classified as rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), robbery of motor vehicle, aggravated indecent assault, kidnapping, voluntary manslaughter, an attempt, conspiracy or solicitation to commit any of these crimes or an attempt to commit murder as specified in paragraph (2)(ii) of the definition of "delinquent act" in section 6302.

If either of the preceding criteria are met, the burden of establishing by a preponderance of the evidence that retaining the case under this chapter serves the public interest and that the child is amenable to treatment, supervision or rehabilitation as a juvenile shall rest with the child.

Thus the child was charged as an adult, and now there has to be a hearing where it will be decided to try him as an adult or as a child.