11-year-old’s alleged involvement in Omaha murder reignites debate over juvenile justice
OMAHA, Neb. (WOWT) - Tuesday, just before midnight, 64-year-old Mursal Jama was shot and killed outside his home.
Detectives believe six young people between the ages of 11 and 17 took his SUV and headed out-of-town to allegedly steal more guns. So far, three of those arrested will be tried in court as adults for murder: the 14-, 16-, and 17-year-olds.
It’s the youngest of the lot, the 11-year-old, who’s reigniting a debate about how to deal with kids in trouble with the law.
“It’s very sad and tragic and senseless. And you wonder, where is the family? Where are the parents?” said Douglas County Attorney Don Kleine.
The 11-year-old appeared in juvenile court just a couple of weeks ago for an unrelated gun-related crime and car theft. By Nebraska law, anyone age 12 or younger cannot be detained, so the judge sent him home.
On social media, the Omaha Police Officers Association called out the judge presiding over that hearing, Judge Chad Brown, claiming he could’ve put restrictions on the 11-year-old’s release, such as “GPS monitoring, out-of-home treatment, or other measures.”
“It’s very simple: catch and release,” said Pat Dempsey, president of the association. “The judges let them go back home.”
The social media post claims the prosecutor requested the aforementioned restrictions and the judge denied them, but 6 News reviewed the transcript of the hearing with Brown.
The prosecutor expressed concern about “community safety” and asked for the H.O.M.E Program, which is an alternative to detention that sends a youth home with an electronic monitoring system.
According to the transcript, the prosector said, “I don’t think we have any other options at this point.”
The judge then replied that he did research and he cannot order the H.O.M.E Program based on the age of the defendant.
6 News spoke with the retired Sarpy County juvenile judge, Larry Gendler, to better understand the “legal conundrum” that Brown faced.
Gendler clarified that it’s not the alternative to detention that’s the problem. It’s that the electronic monitoring proposed, in practice, is a form of detention because he said if kids violate the rules of the program, they’re sent to detention.
Alternatives like GPS monitoring were not asked for by the prosecutor last month.
Gendler said that if it were believed the 11-year-old needed additional restrictions, a motion should’ve been filed and evidence presented for the judge to consider them.
Gendler told 6 News: “Courts do what they do because frequently, they’re strapped by legislation or strapped by the lack of evidence presented to them.”
He said it’s likely other judges would’ve also sent the 11-year-old home that day too.
The retired judge said he doesn’t have a solution to the larger problem at hand, system-involved youth reoffending while they’re too young to be detained.
“We’re in a different world than we were a few years ago,” he said.
But he hopes lawmakers start having meaningful discussions about new legislation.
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