Brother, 14, avoids jail in death of sister, 12

Nearly a year to the day of the tragic incident, a 14-year-old boy who admitted to causing the death of his younger sister while recklessly handling a handgun inside the family’s Upper Providence home learned he’ll serve a period of probation with special conditions.

The probationary period was imposed on Friday against Jah’sir Vasquez during a disposition hearing in Montgomery County Juvenile Court in connection with the March 19, 2021, gunshot death of his 12-year-old sister, Jasiyah, which prosecutors concluded was unintentional.

According to juvenile court rules, that probationary period could last until Vasquez is 21.

Vasquez was 13 at the time of the fatal shooting.

The disposition was imposed by Judge Garrett D. Page.

In addition to probation, Vasquez must complete 30 hours of community service, remain living with an aunt and uncle, continue with therapy and anger management counseling.

“We’re dealing with a case that involved a 13-year-old at the time of the crime. Since it

occurred, the boy has been placed in a stable environment and has been doing very well as indicated in all presentence reports,” Assistant District Attorney Emily D’Aguanno, captain of the district attorney’s Family Protection Unit, said after the hearing.

“We are cognizant of the seriousness of the crime but we are in agreement with the reports that the best outcome is to help preserve the boy’s future through probation and treatment,” D’Aguanno added.

Defense lawyer Francis Genovese said the incident is “an utter tragedy.”

“He and his sister were very close in age and they had a very close relationship. Obviously, he never intended for any harm to come upon his sister. It was a terrible, tragic incident that led to her death. I don’t think he’s really been able to process it, fully, but he’s still working through that. That’s something he’s going to have to live with the rest of his life,” Genovese said on behalf of Vasquez.

“I certainly applaud the D.A.’s office for being objective in looking at the case and coming to the determination that what this young man needs is an abundance of counseling and therapy to deal with the enormous grief that he’s currently dealing with over the loss of his sister,” Genovese added.

The judge will receive routine updates on Vasquez’s progress from court officials during the probationary period. Vasquez will be permitted to have contact with his four siblings but only if visits are approved by his therapist and his caretakers.

But as a special condition, during the period of supervision, Vasquez is prohibited from having any contact with his mother, Daisy Vasquez, 32, who 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 Daisy Vasquez 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 while awaiting trial.

Jah’sir Vasquez originally was charged as an adult with third-degree murder, a felony punishable by up to 40 years in prison in adult court. Prosecutors relied on state laws that allow certain juveniles to face adult charges if they are accused of committing violent crimes with a weapon.

However, the case was later transferred to juvenile court and in January, Vasquez admitted to misdemeanor charges of involuntary manslaughter and possessing an instrument of crime.

Prosecutors agreed to Vasquez’s admission and the outcome of the case after reviewing, multiple times, the home surveillance video that recorded the fatal shooting inside the residence in the 100 block of Larchwood Court.

“It shows the juvenile pointing the weapon at his sister, Jasiyah, and walking toward her. But when you observe it closely over and over you can see the arm that’s holding the gun is starting to lower and his head is starting to turn away when the shot is fired,” D’Aguanno explained to the judge at that time.

Additionally, D’Aguanno said, there was no clip in the gun, but there was one lone round in the chamber.

“It does not appear that the juvenile was aware of that. He thought the gun was unloaded. Based on all that, it does appear to the commonwealth that the shooting was unintentional,” D’Aguanno placed on the record in January. “That’s why we have agreed to this admission.”

“Obviously, I concur with Miss D’Aguanno’s assessment with what the evidence, in this case, would prove if the case were to go to trial,” Genovese said at that time. “I think there is a sufficient factual basis and a sufficient reason for the admission to the charges that have been presented to the court.”

Because the charges were downgraded to misdemeanors and because Vasquez was under the age of 14 at the time of the incident, D’Aguanno and Genovese, relying on state laws pertaining to juvenile court proceedings, requested that Friday’s hearing be closed to the media. Page granted the request.

Under state law, a person commits involuntary manslaughter when as a direct result of acting in a reckless or grossly negligent manner they cause the death of another person.

After Vasquez’s admission to the charge in January, Judge Page adjudicated Vasquez delinquent and ordered that Vasquez undergo psychological and psychiatric evaluations to gather more information about Vasquez in preparation for Friday’s disposition hearing.

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 treatment and rehabilitation.

If he had been convicted of involuntary manslaughter and the weapons offense in adult court, Vasquez could have faced up to 10 years in prison.

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

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 probation, placement in a juvenile detention facility, treatment programs, a rehabilitation facility, or house arrest.

The affidavit indicates the investigation began about 7:51 a.m. March 19, 2021, 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 second-floor 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 a 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 saying 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.