RIVERSIDE, Calif. (AP) — A 13-year-old boy who shot and killed his neo-Nazi father two years ago should be incarcerated in a state juvenile justice facility for his own safety, prosecutors said Friday.
Killing his father, Jeff Hall, was one of the most serious crimes imaginable, Riverside County Chief Deputy District Attorney Michael Soccio told Superior Court Judge Jean Leonard during a sentencing hearing.
The boy's mother, however, wants him sent to a privately run jail where she believes he will be safer and receive better rehabilitative treatment.
The boy could be incarcerated until age 23, but authorities say it is likely he'll be released in about seven years, or even sooner with time off for good behavior.
The boy was 10 when he killed Hall, a neo-Nazi, by putting a gun to his head while he slept and pulling the trigger.
Leonard must decide not how to punish the child for second-degree murder, but how to rehabilitate someone who grew up in an abusive home, attacked his elementary school teachers and was indoctrinated in the beliefs of white supremacy.
Attorneys have sparred for months over what is best for the boy.
He has been in the county's juvenile hall since the killing but spent about three months at a state youth detention center where he was evaluated to see whether a placement there could serve his needs. Several people from the state are expected to testify at the hearing.
The small child who scribbled on a notepad and looked bored during his trial as prosecutors displayed photos of his father's blood-splattered body has grown into a gangly teenager who is more focused than ever before.
He attends class, gets regular therapy and has made progress in controlling the violent outbursts that got him kicked out of almost every school he attended. He has even, with time, won the affection of the prosecutor who got him convicted.
"I have grown attached to him in an odd way. I enjoy watching him grow and change but I am convinced he has done better in a quasi-military penal environment," Soccio said. "He seems to like it, he knows what the rules are and what is expected and he is treated with dignity."
That's why Soccio believes the boy would do best in the state's juvenile justice system.
His mother and defense attorneys, however, say the teen has serious emotional disabilities that the state isn't equipped to handle. They want him placed in a residential treatment center, where security would be lighter and therapy more intense.
Punam Patel Grewal, the boy's attorney, isn't scheduled to make her opening statement until next week, after prosecution witnesses have testified. But she has said the boy would also be at risk in a state facility because of his father's beliefs.
"It is a very dangerous place for him. He's got a lot of vulnerability here," she said.
Murders by defendants as young as the one in Riverside are extremely rare and usually involve children who have mental health issues and have lived through extreme trauma, said Sarah Bryer, director of Washington, D.C.-based National Juvenile Justice Network.
"If the end goal is rehabilitation, then that youth's mental health concerns are going to have to be front and center," she said.
Hall's killing attracted national attention when it happened on May 1, 2011 — and not just because of the defendant's age.
Hall, an out-of-work plumber, was also a regional leader of the National Socialist Movement who organized neo-Nazi rallies at synagogues and day labor sites and had hosted a meeting for the group at his house the day before he died at age 32.
Prosecutors said the boy shot his father behind the ear at point-blank range as he slept on the sofa after coming home from a night of drinking. The child later told police he was afraid he would have to choose between living with his father and his stepmother, who were headed for a divorce.
During trial, the boy's defense attorney portrayed him as a victim of both his father's racist beliefs and his violent upbringing. The boy's stepmother told authorities that Hall would hit, kick and yell at his son for being too loud or getting in the way.
The child also had a history of being expelled from school for violent outbursts, starting at age 5 when he stabbed a teacher with a pencil on the first day of kindergarten. He also tried to strangle a teacher with a phone cord.