On February 12, 16-year-old Austin-East high school student Stanley Freeman, Jr. was shot three times, dying from his wounds after crashing his car. On March 15, two teens were arrested and charged in connection with the fatal shooting. The teens, aged 14 and 16, are now facing charges of first-degree murder. Authorities also allege the minors were involved in two other shootings before Freeman’s.

Now, one of the biggest discussions around this case is whether the teens will be tried as juveniles or adults. Currently, they are charged in petitions with first-degree murder, as well as petitions related to the earlier shootings. The teens are scheduled to report back to court in June, which will likely be a transfer hearing to determine whether or not they will be tried as adults for their crimes.

This transfer hearing will have a significant impact on the future of these teens. The result will decide whether they spend life in prison or are provided an opportunity for rehabilitation. Gregory P. Isaacs, an attorney, told Knox News, “Typically what you see in the context of a transfer hearing is a battle of experts, such as forensic psychologists, who say this person can be rehabilitated in the juvenile system. On the other hand, if you’re the prosecution, you’re going to focus on the severity of the crime and ask that the case be transferred to adult court.”

What is a transfer hearing?

There are certain circumstances where a juvenile may be tried as an adult in Tennessee, but only after a transfer hearing, where the court hears the facts of the case. Minors can be tried as adults if they:

• Were at least 16 years old at the time of the alleged offense
• Were under 16 but accused of committing or attempting to commit murder, rape, or aggravated robbery or kidnapping

The court must find there are reasonable grounds to believe the juvenile committed the offense, that the juvenile is ineligible for commitment to an institution for the developmentally disabled or mentally ill, and that being tried as an adult would be in the best interest of the community at large. The court must also consider whether rehabilitation is possible, whether the act was premeditated, and take into account any past delinquency. Juveniles tried as adults cannot be sentenced to the death penalty.

If your child is held in detention while awaiting trial as an adult, Tennessee state law prohibits them from being held in the same area as adult inmates. However, they will not receive special treatment as juveniles, and when they turn 18 they will be moved to an adult correctional facility.

When a juvenile commits an adult offense, it is crucial to have experienced criminal defense on your side. Being tried as an adult rather than a minor can mean the difference between probation or decades in prison.

The Sevierville criminal defense attorneys at Delius & McKenzie, PLLC fight passionately for the rights of their clients. Our legal team mounts a strong defense and works to negotiate plea agreements or acquittals. We represent defendants in Sevierville, Seymour, Gatlinburg, Pigeon Forge, and the surrounding Tennessee locations. To discuss your case, call us at 865-428-8780 or fill out our contact form.