COLORADO SPRINGS, Colo. (AP) — Colorado Springs police told a judge on Tuesday that a teenager who is charged as an adult fatally shot a homeowner checking a burglar alarm and then gunned down the man's pregnant wife when she came home a few minutes later.
Attorneys for Macyo January want the case transferred back into Juvenile Court because January was 17 when he was arrested after Army Staff Sgt. David Dunlap and his wife, Whitney Butler, were shot and killed when they surprised a burglar inside their home on Jan. 14.
An autopsy showed Dunlap died of a gunshot wound to the back of the neck. Butler, who was three months pregnant, was shot in the head.
The details were disclosed in court Tuesday as a multi-day hearing began for January, who is accused of killing the newlyweds just months after their arrival in Colorado Springs. He is facing multiple counts of first-degree murder.
If approved, the transfer back to Juvenile Court could shave years from a potential sentence, prosecutors said.
Liz McDonough, a spokeswoman for the Colorado Department of Human Services, which oversees the Division of Youth Corrections, said the maximum sentence for juveniles is seven years, but judges in Colorado have ordered young offenders to serve a sentence in juvenile prison to be followed by a consecutive sentence in adult prison.
El Paso County District Judge Deborah Grohs is expected to rule later this week, the Colorado Springs Gazette reported Wednesday (http://tinyurl.com/lew3zlb).
The request for a court transfer was made possible by recent changes in the laws governing charging practices in crimes involving children. The judge also will rule whether enough evidence has been gathered to take January to trial for murder, and whether he is eligible for bond.
Information from: The Gazette, http://www.gazette.com