The 16-year-old driver of the vehicle involved in a June 13, 2013 rollover on Pike Lake Road that resulted in the death of 14-year-old Dylan Marshall of Grand Marais appeared before Judge Michael Cuzzo in the Cook County courtroom on Tuesday, November 26 to find out if he would be tried as an adult in the matter. The driver, now 17, also entered a guilty plea to four of the 11 counts he had been charged with.
Case remains under juvenile jurisdiction
With his parents sitting to his left and his attorney, Public Defender Fred Friedman, on his right, the 17-year-old listened as Friedman and Special Assistant Cook County Attorney Laura M. Auron of Lake County discussed whether or not he should be certified to stand trial as an adult.
Because the juvenile was over 16 at the time of the offense and because the offense is considered a severity level 8 offense under Minnesota Sentencing Guidelines, Attorney Auron had requested that the matter be decided in adult court. Friedman submitted a motion in opposition, stating that “while the crime is certainly serious, there is no evidence or suggestion that the community requires protection from this child. Indeed, this young man has been out on his own since the date of this offense on June 13, 2013….
“There is no evidence that the child participated in planning the accident or the tragic consequences. There was certainly no premeditation. It was an accident for which [he] takes full responsibility…”
Friedman further stated that the juvenile had no prior record and has demonstrated a willingness to participate in meaningful, available programming. He enrolled in and completed chemical dependency treatment after the accident and before he was charged.
Friedman said, “The impact on Dylan Marshall and his family cannot be overstated, but they do not favor certification into adult court and they do not favor an executed prison sentence for [the juvenile].”
Attorney Auron said that after reviewing the court reports and psychological report that had been completed, the county concedes it does not have the support to proceed in adult court. She told Judge Cuzzo that she and Friedman agree that the case should be handled as an extended juvenile jurisdiction (EJJ) matter, which means an adult sentence may be issued but stayed.
Auron said a mitigating factor was that the juvenile’s prior record was minimal, but she said the county had significant concerns about what sort of programming would be necessary under EJJ. The sentencing recommendations that the juvenile must follow will be determined by Probation Officer Rhonda Zacher- Koneczy.
Guilty pleas entered on four counts
Before discussing that process further, Friedman said his client was ready to enter pleas of guilt on count 3, criminal vehicular homicide or operation of vehicle under influence of alcohol and illegal drugs, a felony; on count 4, criminal vehicular homicide or operation of vehicle under influence of alcohol and illegal drugs, a gross misdemeanor; on count 7, theft/taking a motor vehicle without owner consent, a felony; and count 10, furnishing alcohol to a person under 21, a gross misdemeanor.
The remaining two counts of operation of motor vehicle in a grossly negligent manner; two counts of operating vehicle under influence of controlled substance; and three counts of furnishing alcohol to persons under 21 were dismissed.
As part of the plea petition process, the juvenile was asked to stand and raise his hand, promising to tell the complete truth about the circumstances that led to Dylan Marshall’s death in the vehicle rollover. He was asked a number of questions by the judge, his attorney, and the prosecuting attorney.
Asked about the length of time he had had his driver’s license, he replied, “about two weeks.”
The juvenile answered questions on the party that had been under way on June 12 and how and when he decided to take a car without permission in the early hours of June 13. To the question of whether he was intoxicated, the juvenile said yes. Attorney Friedman said, “It appears you lost control because of your speed, alcohol and use of a street drug. Do you believe all three contributed to the accident?”
The juvenile said yes and Friedman continued, “Do you take full responsibility for the death of Dylan Marshall?”
The juvenile replied, “Yes. I was driving.”
Sentencing scheduled
After numerous other questions, Judge Cuzzo told the juvenile that based on his testimony, he would be found guilty in adult court. However, the judge said he would be adjudicated in juvenile court, which means sentencing will be determined and supervised by juvenile probation court.
Judge Cuzzo noted that most of the evaluation by probation had been completed and asked if the court could schedule a sentencing hearing on December 10, 2013. Friedman asked if the sentencing could be pushed back to January 13 to allow time for adequate review.
Auron said she would prefer the earlier date, noting that having talked to the Marshall family before the hearing, she heard that they are grieving and need some closure.
Judge Cuzzo said, “I’m not thrilled with the length of time requested, but it appears necessary.”
The sentencing was scheduled for 11:45 a.m. on January 13, 2014.
Leave a Reply