Parents question when boy will be tried in daughter's shooting on The Murfreesboro Post

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Parents question when boy will be tried in daughter's shooting

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By: Lisa Marchesoni

Posted: Wednesday, October 1, 2008 5:01 pm

Parents of a girl shot in the head by a 10-year-old neighbor questioned Wednesday how a court-ordered in-home intensive program can prepare the boy to stand trial for the shooting.

The boy was charged with attempted murder of neighbor Brittney Simpson, 12, when he allegedly shot her in the head July 2 in their Lake Forest neighborhood. Brittney still requires therapy but is improving and returned to school.

He was ordered to undergo a mental evaluation that showed he was not yet competent to stand trial. Juvenile Court Judge Donna Scott Davenport is reviewing his case every few months until he’s competent to stand trial.

During a review Wednesday, parents Wilfred and Tonya Simpson heard Assistant Public Defender Ray White outline the intensive four-hour weekly counseling program for the boy. The state pays for the program.

The parents asked Juvenile Court Referee Keith Siskin how the counseling prepared the boy to be competent to stand trial.

“My family is paying dearly,” Tonya Simpson said, explaining she has to take off work to take her daughter to therapy and work late to make up for the time lost. Both Simpson and her husband work, struggling to pay their daughter’s medical bills for an action allegedly caused by the boy.

“No one is helping us,” Tonya Simpson said. “I’m talking about the victim here.”

The mother wants to know when the boy will be tried so the family can “move on with our lives.”

Siskin explained the court is “in limbo” until the boy is competent to stand trial.

Assistant District Attorney Leslie Collum said the counseling program doesn’t satisfy Judge Davenport’s concern about helping the boy become competent to stand trial.

White said the whole issue is when the boy will be competent to stand trial.

Siskin ordered the boy’s treatment address his competency to stand trial.

After the hearing, the Simpsons noted the state paid for the boy’s therapy but they are shouldering the medical bills for her treatment.

“We are struggling every day to feed our family,” Tonya Simpson said.

Wilfred Simpson said insurance would not pay for a $1,000 glove his daughter needs for therapy but the family can’t afford it.

“It’s tough,” Wilfred Simpson said.

“I’m burning out fast,” Tonya Simpson said, adding she prays for strength.

When Judge Davenport said she wanted the boy to stand trial, Tonya Simpson said she believed the judge.

“We want him to go to trial,” Tonya Simpson said. “We want them to do what the judge told us she would do. I’m taking her at her word but it’s not happening.”

Siskin set another review in January.

Tagged under JUVENILE COURT

Member Opinions:

By: attagirl on 10/1/08
No 10 year old is competent to stand trial. He is not old enough to form the criminal intent required to convict him. While I understand this family's pain, convicting this child of attempted murder does absolutely nothing to alleviate their situation.

By: Red on 10/2/08
Isn't there some kind of "victim's fund" that could help Brittany and her family with this financial burden? What about the 10 year old's family's home owner's insurance? There must be something that could help Brittany's family.

By: lduke on 10/2/08
At what chronological age does a child becomes competent to stand trial?

By: attagirl on 10/2/08
Our law doesn't state a specific age. That's left up to the mental health professionals.

By: sschroeder on 10/2/08
A 10 year old is certainly old enought to know the difference between right and wrong. If the child does not know the difference between right and wrong then the child was not taught the difference between right and wrong and the parent/guardian should be held accountable.

By: confused on 10/3/08
I don't understang...id he committed the crime and is not competent to stand trial, what does the counseling do... so they will wait until he is?? so actions that kids commit at the age of 10 can go to court when they are 18..25..55...??? I thought that it was their level of understanding at the time of the crime!... anyway... there is a victims compensation fund... the victims/witness coordinators at the DA's office should be able to help them apply for money and they should have no problem! Them having to suffer through the medical expenses is not right!!! there is money out there for them!

By: attagirl on 10/3/08
Yes, they will wait until he is. And it's not as simple as knowing the difference between right and wrong. Criminal liability is based on intent. They will have to prove that he is able to form the criminal intent required to intend to kill her.

By: attagirl on 10/3/08
Another thing this family must understand is that our juvenile law does not "punish." In fact, the word "punishment" is nowhere in our juvenile code. The purpose of juvenile law is to "treat and rehabilitate." The public policy behind that is that a society should not throw away children, and that the goal should be to treat and rehabilitate them to function as adults in society.

By: lduke on 10/3/08
Exactly my point...the statement "No 10 year old is competent..." is a very bold statement.