Judge to consider dismissing 1 murder charge against 9-y.-o.

Posted: Updated:

ST. JOHNS -- Prosecutors may soon have an answer to a motion they filed to drop one of two murder charges against a 9-year-old St. Johns boy.

Judge considers dropping 1 charge

Apache County Superior Court Judge Michael Roca is to consider the request Thursday during a status conference.

The charges against the boy stem from the Nov. 5 deaths of his father and another man. Prosecutors want Roca to drop the charge stemming from the father's death.

If Roca agrees, it would allow prosecutors to refile the charge when the boy is older and try him as an adult.

Prosecutors fear if the boy is found incompetent and the case is dismissed, the victims never will see justice and the boy won't get the treatment he needs.

Defense attorneys have objected to either charge being dismissed unless they can't be refiled.

(Copyright 2009 by The Associated Press. All Rights Reserved.)