Student Charged in Assault to Be Tried as Adult
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In a rare move, the case of a teenager charged with stabbing a school resource officer at Union Pines High School last October has been transferred to Superior Court.
A transfer hearing was held Jan. 10 in Juvenile Court for Andrew Tinney, a 15-year-old Union Pines student charged with stabbing school resource officer Steve Clark in the back Oct. 18, 2011, according to Moore County District Attorney Maureen Krueger.
Clark happened to be wearing life-saving body armor at the time.
Krueger said that the state can seek to transfer juveniles to Superior Court for trial as an adult if they are over 13 and a court finds probable cause they committed a felony.
“Transfer hearings are relatively rare,” she said. “According to the most current statistics from the North Carolina Department of Juvenile Justice and Delinquency Prevention, only two other juveniles were transferred to Superior Court between 2006-2010.”
During the transfer hearing, the court consider factors such as the juvenile’s age, maturity, intellectual functioning and prior record; prior attempts to rehabilitate the juvenile; whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; and the seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adult, according to Krueger.
Other factors include facilities or programs available to the court prior to the expiration of the court’s jurisdiction and the likelihood that the juvenile would benefit from treatment or rehabilitative efforts, she said.
District Court Judge Lee Gavin presided over Tinney’s hearing. Attorney Gary Morris represented Tinney. Krueger and Assistant District Attorney Tiffany Bartholomew appeared for the state.
At the conclusion of the hearing, Gavin ordered Tinney’s case be transferred to Superior Court for trial as an adult. Gavin set a secure bond of $100,000.
If Tinney makes the bond, he also will be subject to electronic house arrest and is banned from the property of any Moore County schools. Tinney will be held in a juvenile “hold-over” facility.
Tinney’s attorney appealed the ruling.
Krueger said her office goes beyond statutory requirements when juveniles are involved.
“We also make it a practice to consider whether or not we would be seeking transfer if we were operating under a juvenile system that includes juveniles through the age of 18,” she said. “From past experiences, I can say that normally we only seek transfer if the juvenile already has felony charges pending in adult court. That is not the case here, but that scenario is usually the most frequent reason we seek transfer.”
Mitigation specialist Becky Carlson has been working on Tinney’s case, another unusual factor, according to Krueger.
“As far as I know, this is the first time a mitigation specialist has ever been appointed in a juvenile case,” Krueger said. “Her work will continue on through Superior Court.”
Contact John Chappell at jfchappell@gmail.com.
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Comments
Bflat 1 year, 4 months ago
So, now the kid is going to be tried as an adult and an example made out of him that potentially ruins his life. I agree that he did wrong but there were probably reasons for his behavior. He is still a teenager and not an adult.
LisaS 1 year, 4 months ago
Based on the criteria given to be tried as an adult. I see no reason why a murder attempt should not qualify someone to be tried as an adult. He potentially ruined his own life.
CfromAZ 1 year, 4 months ago
I think he deserves to be tried as an adult as well. Just because a teenager decides to take someone's life, doesn't mean he should be protected. Attempted murder is a big deal. This isn't a case of vandalism, drug charges, or something else. He saw an opportunity to murder, fortunately the Officer was wearing his armor. I say try him as an adult and set an example. Kids now a days have a difficult time with accountability. Let's start with this as a lesson. If you are man enough to try and murder a person, man up and face the consequences.
starman 1 year, 4 months ago
Hey Bflat, if officer Clark was not wearing body armor he would be DEAD. Teenager or not, this kid tried to kill a police officer for no apparent reason. He needs to be tried as an adult because the juvenile system in NC does not work.
Bflat 1 year, 4 months ago
..And why was officer Clark wearing body armor? Is the campus situation at Union Pines one of threats and such unrest, bullying going on? There MAY BE factor of home life involved with this student. Was this teenager ever bullied in any way at the school? And, now that everyone has tried him and found him guilty before he even goes to trial, is that a fair court system and is it working? What if it were your child? I seriously feel for all involved in this terrible thing, and further hope that many will search their heart before reaching a conclusion that this child should be condemned as an adult.
fugitiveguy 1 year, 4 months ago
I am pro police but how can the court system just decide to try a 15yr old as an adult? I would be interested in SG Martin's opinion on this.
starman 1 year, 4 months ago
Doesn't matter whether he is bullied or what his home life is like, he tried to KILL a police officer. And any police officer wears armor, whether on the streets on in a school. Had Clark not had his on he would be DEAD.
Bflat 1 year, 4 months ago
Assumptions are not facts. Simply because someone "thinks" Clark would be dead if not for the body armor is an assumption. The outcome could have been different.
CfromAZ 1 year, 4 months ago
He attacked the officer in the sight of others. The act is punishable in itself, not his home life. A lot of people come from shady backgrounds and have been picked on, but many of us have never tried to murder someone. Accountability and common sense, folks. Stop making excuses. It's not as if he allegedly attacked the officer. There were witnesses who saw it go down and gave statements. HE attempted to KILL an officer. Point blank!
Yukonjohn 1 year, 4 months ago
I went to UP and was from time to time, outside the law. I would have NEVER thought of killing anyone, much less a police officer!!! Give him a fair and swift trial, AS AN ADULT!! If found guilty, put him away for the maximum amount of time. I am sorry young man, you have forfeited your right to live with the rest of us.
carolina_girl 1 year, 4 months ago
Bflat "what if it was your child?"
And what if you were Officer Clark? Your homelife and school experience are certainly not an excuse for attempted murder. I dare say regardless of what ifs, your wife and family would see it differently if you were the SRO involved.
Bentpan 1 year, 4 months ago
Seems to me someones already cutting this "kid" a break by charging him with assault instead of attempted murder. The point of shoving a knife into anothers back is to kill, not to mention being a treacherous and cowardly way of attack, I for one will be gratefull to the court system for the removal of this "kid" from our midst for a good long time.
RmeMP 1 year, 4 months ago
Bentpan, you said it perfectly. Honestly, should be charged with premeditated attempted murder; that said, does anyone know if this defendant has a history of breaking the law? Does anyone know the reason for the attack? I only ask because I done the the answers, and they may have had an impact of the decision to charge him as an adult.
RD28327 1 year, 4 months ago
They gotta learn while they're young that if you can't do the time, then don't do the crime ..... Baretta said it best .....
formerUPHS 1 year, 4 months ago
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formerUPHS 1 year, 4 months ago
Bflat, in case you were not already aware, police/resource officers WEAR PROTECTIVE GEAR. What does it matter if he was patrolling a school, or an abandoned building? Should he have not been wearing a vest because Union Pines is 99% of the time a safe school? Officers should have protective gear on when in uniform - whether they are going to be patrolling on the streets or simply in a school. So, to answer your question, Union Pines isn't under a situation of threats and unrest. If you were an officer, you would probably have on your body armor. Just the same, if you have recently been a student at Union Pines, you would know Officer Clark, you would know more about the school, the situation, and you would not be trying to defend a 15 year old who acted as an adult and stabbed another adult. Nothing justifies hurting another human being.
Also - "Assumptions are not facts. Simply because someone "thinks" Clark would be dead if not for the body armor is an assumption. The outcome could have been different. "
Okay? You stab someone to severely or fatally harm them. Stop trying to justify what the student did. The charges against him are not unfair. No idea about how old you are, but think about your son being say in his twenties, an officer of the law and had on his vest. Someone stabs him, yet doesn't kill him, and is under the age of 18. Don't even say for one minute that you would say, "oh, it didn't kill him. And he's under 18.. it's okay..he didn't know that it was wrong..he probably had a good reason.. let's give him the least amount of punishment."
SIN IS SIN - CRIME IS CRIME - it should be punished to the full extent of the law. He shouldn't get a watered down punishment because of his age. He knew what he was doing. Nothing makes it okay.
Bflat 1 year, 4 months ago
For what it's worth, I am not trying to justify and did not say what he did was right or wrong, the point being that I object to a 15 year old with no previous record being tried as an adult under "the rare move" and that "Transfer hearing are relatively rare." As Chub Seawell used to say, ..."Call your next case."
RmeMP 1 year, 4 months ago
@flat:
Maybe you should reread the article again, no where in it does it say the defendant has no prior criminal record...
The article only says that he does not CURRENTLY have, "felony charges pending in adult court" - nothing about priors...
MikeNC 1 year, 4 months ago
Was it pre meditated? Diane
Bflat 1 year, 4 months ago
@RmeMP, the article must have been amended. Further, no pending felony charges means there is nothing outstanding or any charges waiting to be brought forth for indictment for which time would be served. Suspended sentence would be probation being served and the pending felony dropped upon completed of the SIS. Felony is after conviction of a major crime.
fugitiveguy 1 year, 4 months ago
"I am not trying to justify and did not say what he did was right or wrong, the point being that I object to a 15 year old with no previous record being tried as an adult under "the rare move" and that "Transfer hearing are relatively rare."
I am inclined to agree with bflat. Irregardless he needs to be confined for a good long time. Also, I hope he is getting some mental health care. Anyone of that age that does what he did to an armed LEO has some mental issues. Does a 15yr old have the mental capacity of an adult?, I'm certainly no expert but I don't think so.