May 8, 2002

16-year-old faces murder charge in pal’s death
By JASON SCHULTZ
Sentinel staff writer
FELTON — A 16-year-old teen charged with murder Tuesday in the baseball bat beating death of his friend will be tried as a juvenile.

The teen was arraigned in juvenile court in Felton on charges that he killed 17-year-old Justin Black last week in Corralitos.

The suspect, whose name is being withheld because of his age, pleaded innocent.

The teen admitted to hitting Black over the head with a broken baseball bat after the two friends got into a drunken argument over a cigarette last Wednesday night, sheriff’s spokesman Kim Allyn said.

Black suffered a fractured skull. His father, Norman Black, reported hearing his son gasping for air the next morning. The victim fell into a coma and lost all brain function. He died at Dominican Hospital on Friday.

Allyn originally said the teen would likely face an involuntary manslaughter charge, but Assistant District Attorney Bob Lee, who is handling the case, said that previous case law and the facts of the case warranted a murder charge. The charge may be adjusted as more evidence comes in, he said.

"The facts show a kid got his head smashed with what appears to be a baseball bat," Lee said. "When we get toxicology reports and autopsy results and a testing of all the physical evidence we will see where the case falls: murder or manslaughter."

Lee said the case is "clearly not first-degree murder." He said investigators have statements detailing how the assault occurred, though he would not comment on who made those statements.

Lee said investigators were conducting tests on key pieces of physical evidence Tuesday night to see if it matches the statements.

The case will be tried in juvenile court because of the teen’s age and, most importantly, his lack of criminal sophistication, Lee said.

Norman Black told the Sentinel last week he wanted his son’s assailant tried as an adult. The victim’s father could not be reached to comment Tuesday, but Lee said he had talked to the family and they understood that the teen "would be best dealt with in the juvenile system."

Under juvenile law, a teen can be sentenced to the California Youth Authority until the age of 21 if he is convicted of murder. If he is convicted of a lesser charge, such as involuntary manslaughter, he could serve time in the Santa Cruz County juvenile hall and receive counseling.

Lee described Black’s family as "courageous and compassionate." Norman Black allowed doctors to donate his son’s organs to those in need of transplants. Lee said Black’s family told him Tuesday their son’s organs "saved 42 lives."

Alcohol appears to be a factor in the incident, Lee said. Investigators are still trying to determine where the teens got the alcohol they were drinking on the night of the assault. If investigators find an adult provided the alcohol, Lee said that adult could face criminal charges.

The teen is still being held in juvenile hall. Lee said the teen will be evaluated by a local psychiatrist to determine his emotional stability and see if he should continue to be held in juvenile hall. Lee said because of issues with the child’s emotional stability since the incident occurred, juvenile hall might be the safest place for him.

The teen will return to juvenile court May 21. Lee said he will know by the then whether he will pursue the murder charge or amend it based on the physical evidence. He said the judge will also rule at that time whether the teen should stay in juvenile hall.

This is not the first time children so young have been charged in a slaying in Santa Cruz County. Sentinel archives show that 15-year-old Douglas Lee Hopper was convicted of attempted murder in 1979 for shooting a school superintendent candidate. In 1973 Wilfried "Willie" Brown was charged with murdering and raping Ida Anderson Stine. Brown was convicted as an adult and is serving life in prison.

[From The Santa Cruz Sentinel]