Case highlights how juveniles fare in criminal justice system

A Houston man who was 16 when police say he killed someone will be tried as an adult.

Desmond Hawkins, who turned 18 on Nov. 8, is accused of shooting and killing Reginald Sherman on Oct. 11, 2016, in what police have said was a robbery attempt. According to court records, Sherman and Hawkins met outside of the May Food Store at 8500 N. Main St. There, police say Hawkins demanded Sherman give him money and then shot and killed him.

Hawkins will stand trial as an adult for capital murder charges after his case was waived by a juvenile court through a process known as certification.

Prosecutors must prove it was not practical to proceed with a felony case before the defendant’s 18th birthday, as well as show probable cause that the defendant committed the crime. A judge then considers whether that person is a threat to their community, also considering factors such as the nature of the crime and the likelihood of rehabilitation.

Prosecutors say Hawkins has known gang ties and called the shooting premeditated. A psychiatrist meanwhile described him as having a “high level of criminal sophistication and dangerousness in comparison to most offenders his age,” according to court documents.

“The state believed, and the judge agreed in his court order transferring this juvenile to adult court, that this defendant could not be rehabilitated in the juvenile justice system,” Michele Oncken, a deputy chief with the Harris County District At-

torney’s Juvenile Division, said in an email this week. “It is our duty to protect the community from the most violent offenders.”

Not fully developed

The case comes amid bipartisan movements nationally to re-examine how juveniles are treated in the criminal justice system. Those movements have been bolstered by recent Supreme Court decisions and a growing body of research that shows even older teenagers are not fully mentally developed, and thus shouldn’t necessarily be condemned to spend most of their lives behind bars, without rehabilitation and at a tremendous cost to taxpayers.

“The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character,” the court wrote in its 2005 decision to end the death penalty for juvenile offenders. “From a moral standpoint it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor’s character deficiencies will be reformed.”

The court then ruled in 2012 that mandatory life sentences for juvenile offenders were unconstitutional.

Texas lawmakers, for their part, were ahead of that movement, banning in 2009 life sentences without parole for those 16 and younger. Four years later, the state Legislature extended that policy to 17-year-olds.

Currently, youth offenders — including Hawkins — can be sentenced to life, with the possibility of parole after 40 years.

Harris County has in recent years been trending away from juvenile certifications, a reversal applauded by reform advocates. Then, in 2016, Harris County saw a surge in the number of juveniles certified as adults. That uptick, however, appeared to have been driven by an increase in armed robberies committed by youth offenders, a Houston Chronicle analysis found at the time.

But whereas many states have re-sentenced such offenders in the wake of the court’s decision, inmates in Texas must apply individually.

As of July, there were 12 Texas inmates serving life sentences for crimes committed before they were 18, the Associated Press reported.

Paroles are rare

Texas groups are also pushing for so-called “second-look” bills that would make such inmates eligible for release after 20 years. Two such pieces of legislation were introduced this year, but were not voted on by lawmakers.

In the last 15 years, only about 8 percent of all people convicted of capital murder have been granted parole, according to the Texas Criminal Justice Coalition, which supports the legislation.

“There’s much more nuance, and we need to treat each case individually and have avenues for rehabilitation,” said Lindsey Linder, a TCJC attorney. “When you’re so young, and especially when you think about the prevalence of guns in communities impacted by crime and violence, and how easy it is for them to get access to them and take a life in a second — that’s something we need to think about.”

Linder also noted that many juveniles are sentenced under the law of parties, which says those accused for minor roles in a crime face harsh punishments simply for being associated with the illegal activity.

“This is particularly ripe for situations of injustice,” she said. “Not only are you holding a young person accountable as if they were an adult, you’re also holding them accountable for what someone else did.”