Charges against boy who fatally shot sister moved to juvy court

NORRISTOWN » A 14-yearold boy originally charged as an adult in the fatal shooting of his younger sister inside the family’s Upper Providence home will see his case play out in juvenile court.

Based on an agreement reached between the boy’s defense lawyer and prosecutors, Montgomery County Judge Thomas C. Branca signed an order decertifying Jah’sir Vasquez’s case to juvenile court. According to the judge’s order, prosecutors had “no objection” to a defense petition seeking to transfer the case.

“We’re incredibly grateful. We believe that this was the appropriate resolution. He was a 13-yearold child at the time that this incident occurred. He was acting at the request of his mom in getting that gun and this is a horrible tragedy. We believe that he should be in juvenile court,” said defense lawyer Carrie L. Allman. “We’re grateful to the district attorney’s office for agreeing and once they had our petition and our expert’s evaluation, they did agree that juvenile court was the appropriate venue for this case.”

“After careful review of the facts of this case, we agreed that the interests of justice would be best served by pursuing these charges in Juvenile Court,” said Emily D’Aguanno, captain of the district attorney’s Family Protection Unit.

Vasquez, of the 100 block of Larchwood Court, is charged with third-degree murder, involuntary manslaughter, possession of a firearm by a minor and possessing an instrument of crime in connection with the March 19 gunshot death of his 12-year-old sister, Jasiyah.

Detectives and Montgomery County prosecutors originally charged Vasquez, who was 13 at the time of the incident, as an adult because of the serious nature of the offense, relying on state laws that allow certain juveniles to face adult charges if they are accused of committing violent crimes with a weapon. If Vasquez was convicted in adult court of third-degree murder he could have faced a possible maximum sentence of 20 to 40 years in prison.

However, Vasquez’s case is now transferred to the county’s juvenile system where potential punishments are less harsh and the focus is more on rehabilitation and treatment. Typically, to get a case transferred to juvenile court, defense lawyers have to establish that transferring the case will serve the public interest, that the juvenile is in need of treatment and rehabilitative programs and that the juvenile is amenable to treatment under the juvenile court system.

Once a case is transferred to juvenile court and if the charges are proven, an offender can be kept under court supervision until they are 21.

Juvenile court cases are handled differently than adult criminal cases. In juvenile court, there are no juries and all cases are handled by a judge. While adult court proceedings focus more on punishment, in juvenile court the focus is on rehabilitation.

In juvenile court, defendants are never referred to as “guilty,” but are considered “adjudicated delinquent” if the charges are proven. Additionally, juvenile courts aren’t bound by the same sentencing guidelines used in adult criminal courts.

Punishments in juvenile court can include placement in a juvenile detention facility, treatment programs, a rehabilitation facility or house arrest.

While awaiting a juvenile court hearing, Vasquez remains under house arrest in the custody of an uncle and under an electronic monitoring program whereby he has to wear an ankle bracelet that monitors his whereabouts at all times.

Allman, the chief homicide lawyer in the county Office of Public Defender, informed the judge in August that she would file a petition to seek to transfer the case to juvenile court and the judge set a hearing on the request for Dec. 14. But with the agreement between the defense and prosecutors that hearing is no longer necessary.

In her petition to transfer the case, Allman called the case “tragic,” but argued it is appropriate to transfer it to juvenile court given the underlying facts, including that Vasquez, the oldest of six children, did as he was told by his mother, Daisy, to go out to her car and retrieve her firearm so that she could lock it away. When Vasquez returned to the home, the firearm discharged and Vasquez’s sister was fatally shot, Allman argued.

“Certainly, the impact on the victim is severe, a 12-year-old child died. However, the facts of this case are tragic. A careless and negligent mother has her 13-year-old child handle a gun and another child in the home is shot. Jah’sir is also a victim in this case as he now bears the mental scars and legal conse

“We’re incredibly grateful. We believe that this was the appropriate resolution. He was a 13-yearold child at the time that this incident occurred. He was acting at the request of his mom in getting that gun and this is a horrible tragedy. We believe that he should be in juvenile court. We’re grateful to the district attorney’s office for agreeing and once they had our petition and our expert’s evaluation, they did agree that juvenile court was the appropriate venue for this case.”

_Defense lawyer Carrie L. Allman

quences of his mother’s decision-making. Regardless of what happens in a courtroom, he will always carry the weight of his sister’s death,” Allman argued in court documents.

“Jah’sir’s culpability is lessened by the fact that he was following directions of a parent, his lack of intent, and also because of his young age,” Allman added. “It is important to note that Jah’sir Vasquez was a minor at the time and science as well as case law now make it clear that juveniles are less culpable than adults based on brain development and the specific characteristics of youth.”

Daisy Vasquez, 31, is awaiting trial on charges of endangering the welfare of children, hindering apprehension or prosecution, possession of a firearm by a minor — responsibility of an adult — and recklessly endangering another person in connection with the incident. With those charges, prosecutors alleged she recklessly allowed her son to possess a firearm and also lied to detectives during the investigation. Daisy Vasquez remains free on $50,000 unsecured bail to await trial.

Allman argued the fact Jah’sir Vasquez was 13 “is a critical factor to consider in determining the degree of culpability and amenability to treatment.” Vasquez, who was evaluated by a defense psychologist, poses no risk to the community, Allman argued.

“The law is clear, juveniles are different and those differences make them less culpable and more likely to be rehabilitated and amenable to treatment,” Allman wrote.

Allman, whose court filing on behalf of Vasquez outlined a dysfunctional childhood, argued Vasquez has expressed desire to complete high school, attend college and obtain gainful employment, “some evidence of resiliency given the challenges he has faced in his life.”

A psychologist, according to court papers, opined that Vasquez, given the nature and degree of his risk and protective factors, fits more closely with the typical profile of an “adolescence-limited offender.”

“This suggests that Jah’sir will likely not engage in antisocial behavior into adulthood, particularly if his treatment needs are properly addressed,” Allman wrote, referring to the psychologist’s report.

Allman argued the juvenile system has the goal of “balanced and restorative justice,” which is the appropriate goal for Vasquez.

“Exposure to the adult prison system would serve no one and would likely increase the risk of reoffending,” Allman argued.

The investigation began about 7:51 a.m. March 19, when Upper Providence police responded to the Larchwood Court residence for a report of a shooting. Arriving officers found Jasiyah Vasquez “lying on the living room floor with a single gunshot wound to her chest,” according to a criminal complaint filed by county Detective John Wittenberger and Upper Providence Detective Sean Franchini.

While police were administering first aid to the girl, Daisy Vasquez led police to the secondfloor master bedroom where she showed them a 9mm handgun under a pillow on a bed and told them that she had accidentally shot her daughter with the handgun, according to court documents.

Authorities said the gun was purchased by and registered to Daisy Vasquez, who held a valid permit to carry the firearm.

Initially, Daisy Vasquez lied to detectives and stated that she had accidentally discharged her firearm as she was attempting to unload the magazine while walking up the stairs inside her residence and that Jasiyah was walking in front of her when the gun discharged, according to court papers.

However, when confronted with alleged inconsistencies in her statement, Daily Vasquez changed her account and stated it was her son Jah’sir who shot the victim. The woman told detectives she had instructed Jah’sir to retrieve her handgun from her locked vehicle and bring it to her bedroom to be placed in a safe.

The woman told detectives that she had asked her son in the past to retrieve her handgun either from her purse or from her vehicle, as recently as March 5, according to court papers.

Daisy Vasquez also told detectives that Jasiyah and Jah’sir previously were with her at a shooting range but that Jah’sir refused to handle the gun because he was “nervous about the gun,” according to the criminal complaint.

During the investigation, detectives discovered an Xfinity home surveillance system in the kitchen area of the residence and reviewed video recorded around the time of the shooting.

Detectives alleged the surveillance video depicted Jah’sir walking into the home from outside. As Jah’sir entered the home, Jasiyah can be heard saying, “Hey you’re not supposed to step on the bag” and can be seen walking into the living room area, according to court documents.

“Jah’sir can be seen holding the handgun in his right hand, with his right arm fully extended. He appears to be pointing the handgun directly at Jasiyah and can be heard saying, what sounds like ‘shame on you earlier,’” detectives alleged. “Shortly after the gunshot is heard, Jasiyah screams, ‘mom, Jah shot me’ before collapsing on the steps that lead to the second floor.”

Detectives subsequently interviewed Jah’sir in the presence of his mother. During the interview, Jah’sir stated he was asked by his mother to retrieve the handgun from her vehicle. Jah’sir allegedly stated he located the gun in the center console and the “clip,” which was located in the vehicle separate from the handgun, according to court papers.

Jah’sir allegedly told detectives he placed the firearm in one pocket of his sweatshirt and the “clip” in the other pocket and walked inside the residence. Jah’sir stated he did not recall Jasiyah say anything to him but that she was present on the first floor.

Jah’sir claimed he took the gun out of his pocket and it discharged and that it was an accident and he did not want to hurt his sister, according to the arrest affidavit.

“When asked if he pointed the firearm at his sister when he entered the residence, initially he adamantly stated he did not, contrary to the video evidence but later added that he may have but doesn’t remember,” detectives alleged in the criminal complaint.

An autopsy later determined that Jasiyah died from a gunshot wound to the chest and the manner of death was ruled homicide.

“After careful review of the facts of this case, we agreed that the interests of justice would be best served by pursuing these charges in Juvenile Court.”

— Emily D’Aguanno, captain of the district attorney’s Family Protection Unit