Teen won’t be tried as an adult in crossbow killing
CHANDLER — The mother of a 10-year-old boy killed by a crossbow wept bitterly Friday after learning the teenager charged in the shooting will no longer be tried as an adult.
“He’s going to get away with killing my son,” Elizabeth Conaway told The Oklahoman. “I just don’t understand how killers get away with it, no matter how old they are. You took my son away. Murder is murder.”
Shane Edward Brooks, 14, of Wellston, was charged last year with first-degree murder in the October death of Austin Almanza. Moving forward, Brooks will be prosecuted as a youthful offender,
a Lincoln County judge determined Friday.
Brooks had faced a life sentence if he had been convicted as an adult.
He now will get a chance at rehabilitation that limits detention to five months after his 18th birthday.
After Friday’s hearing, Conaway hugged relatives and cried outside the courthouse, upset by the judge’s decision.
“My son doesn’t get to come home, ever. Austin doesn’t get to come home. Shane is going to get to go live his life like he’s supposed to and Austin doesn’t get to,” Conaway said with tears in her eyes. “Every day we miss Austin. Every moment.”
Special Judge Tracy McDaniel made her decision after the lead prosecutor and defense attorney announced they both agreed with Brooks being changed to youthful offender status. Brooks could still be ordered to prison for years if he is convicted and fails to complete a rehabilitation program.
In January, the special judge ordered Brooks to undergo a psychological evaluation. Brooks told a psychologist he has a “short fuse” and needed to work on his anger management. The psychologist concluded Brooks could be rehabilitated if diverted to juvenile court.
Brooks was not moved to juvenile court, where he could have been shown even more leniency.
Also on Friday, the special judge ordered Brooks to face trial on the murder charge based on evidence presented last month during a preliminary hearing.
Brooks appeared in court Friday dressed in blue jeans with a big belt buckle and a red dress shirt. After the hearing, he was escorted by deputies out of the courthouse.
Lincoln County Sheriff Charles Dougherty said Brooks was taken out a back exit, at the request of his attorney, due to safety concerns.
Brooks is out of custody on bond. Conditions of his release include GPS monitoring.
The shooting
Prosecutors allege Brooks, then 13, shot his friends — brothers Austin Almanza and Ayden Almanza, 8 — with the crossbow on Oct. 21. The brothers were hit with a single crossbow bolt.
The bolt traveled through Austin’s abdomen and then struck Ayden in his left arm, authorities said. Ayden said Brooks shot them because he “was mad at them,” according to investigators.
Brooks told authorities he accidentally shot the brothers while hunting, investigators reported. He told his mother he didn’t know what happened and “believes the crossbow
was loaded wrong,” according to a court affidavit.
The shooting took place near Brooks’ home in Wellston.
The three boys had been working on a nearby treehouse.
At one point, the brothers tried to leave, making Brooks angry, according to the affidavit.
Brooks jumped down from the tree, grabbed the crossbow, hid in some tall grass and shot at them, Ayden told an investigator.
During last month’s preliminary hearing, Brooks’ attorney argued there was no evidence showing the shooting was intentional. The defense attorney also contended Ayden’s testimony was inconsistent with what he had previously told investigators.
Before the shooting, Brooks was in eighth grade at Wellston Middle School. He reportedly is now being home-schooled.
He lived in Indiana before moving to Wellston in January 2017.