PIERRE, South Dakota — A circuit judge on Tuesday ruled for a second time that a 17-year-old Pierre boy charged with murder in the shooting death of a friend should be tried as an adult.
Judge John Brown rejected a defense request that Braiden McCahren's case be transferred to juvenile court, KCCR radio reported. Brown said McCahren's history of aggressive and violent behavior warranted the case being tried in adult court, and he called such actions "reckless, impulsive and violent."
Defense attorneys William Taylor and Brad Schreiber said after the one-hour afternoon hearing that they may again appeal the ruling to the state Supreme Court.
McCahren has pleaded not guilty in the December 2012 shooting death of 16-year-old Dalton Williams. McCahren was 16 at the time of the shooting, which took place in his home.
In September, Brown ruled that McCahren be tried as an adult. But the defense appealed to the state Supreme Court, arguing that Rapid City psychologist Kari Scovel violated McCahren's constitutional rights during an examination by asking specific questions about the shooting and the boy's role in it.
The Supreme Court agreed. The justices ordered Brown to hold another transfer hearing on whether McCahren should be tried as an adult or juvenile, but without Scovel's testimony.
Defense attorneys argued Tuesday that the prosecution had no case without the psychologist's testimony.
McCahren, who was in the courtroom for the hearing, is under house arrest and being supervised by his grandparents, who live in Vermillion.
The two sides have set tentative trial dates of June 2-13. They plan to discuss possible motions during an April 8 teleconference meeting.
Information from: KCCR-AM, http://www.todayskccr.com/