Boy, 13, faces trial in sister’s shooting
Graphic video sparks outburst of sobbing
LIMERICK >> A 13-year-old boy sobbed uncontrollably as prosecutors played for a judge the home surveillance videotape they allege depicts the boy firing the gunshot that fatally wounded his younger sister inside their Upper Providence home.
Jah’sir Vasquez, of the 100 block of Larchwood Court, buried his face in the arms of Alana M. Hook, director of policy and social services for the Montgomery County Office of the Public Defender, as the sounds of the gunshot and his 12-year-old sister Jasiyah’s screams blared from the recording played during his preliminary hearing on homicide-related charges before District Court Judge Richard H. Welsh.
Shortly after the gunshot, Jasiyah screams, ‘mom, Jah shot me’ before collapsing, according to the videotape.
Welsh took a brief recess to allow Vasquez to compose himself as he was consoled by Hook and Assistant Public Defender Carrie L Allman, who represents Vasquez, before resuming the hearing on Tuesday.
Ultimately, Welsh, saying “a picture is worth a thousand words,” determined Montgomery County prosecutors presented sufficient evidence to support charges of third-degree murder, involuntary manslaughter, possession of a firearm by a minor and possessing an instrument of crime against Vasquez in connection with the March 19 gunshot death of Jasiyah.
“This is a most tragic situation,” said Welsh,
explaining the evidence presented by prosecutors showed Vasquez holding the gun “without any pause” and without nervousness. “There’s no indication this is an accidental discharge.”
Vasquez was charged as an adult because of the serious nature of the charges. However, Allman is expected to file a petition with a county judge to have Vasquez’s case moved to juvenile court where the focus is less on punishment and more on rehabilitation and treatment.
Third-degree murder is a killing committed with malice, which under the law requires ill-will, wickedness of disposition, hardness of heart, cruelty or recklessness of consequences.
“We don’t have a child who demonstrated a wickedness of disposition or a hardness of heart. This is a tragedy for an entire family,” Allman argued as she sought to have the most serious third-degree murder charge dismissed against Vasquez. “The video tells us nothing about Jah’sir’s state of mind.”
Allman argued prosecutors failed to establish malice and she characterized Vasquez as a boy who previously displayed nervousness at handling guns but who was asked to retrieve the firearm by his mother, Daisy Vasquez, from his mother’s vehicle shortly before the fatal shooting.
Allman also argued Vasquez’s age must be considered and that courts have recognized that juveniles are inherently different than adults as their brains are not fully developed. Allman suggested misdemeanor involuntary manslaughter was the appropriate charge, not felony third-degree murder.
Under the law, someone commits involuntary manslaughter when they cause the death of another person while acting in a reckless or grossly negligent manner.
But Assistant District Attorney Brianna Ringwood argued third-degree murder was an appropriate charge and that malice was present under circumstances where Vasquez displayed a conscious disregard for an unjustified and extremely high risk that his actions might cause death or serious bodily harm.
“The very act of pointing a gun at somebody, whether loaded or unloaded, is sufficient to show malice,” said Ringwood, arguing the videotape showed Vasquez aiming the gun directly at his sister.
Welsh set bail for Vasquez at $200,000, 10%, and said Vasquez can be released after posting bail from the county Youth Center, where he has been detained since his arrest, but only into the custody of an uncle and only if an electronic monitoring program can be established whereby he would have to wear an ankle bracelet that monitors his whereabouts at all times.
Meanwhile, Daisy Vasquez, 31, waived her preliminary hearing and she will now stand 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 March 19 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.
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, 12, lying face down on a landing of a first floor stairwell with a single gunshot wound to her chest.
“There was no pulse. There was a pool of blood underneath her,” Upper Providence Police Officer John Burdsall Jr. testified for co-prosecutor Emily D’Aguanno.
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 a criminal complaint filed by county Detective John Wittenberger and Upper Providence Detective Sean Franchini.
Authorities said the gun was purchased by and registered to Daisy Vasquez, who held a valid permit to carry the firearm.
Wittenberger testified that 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.
However, when confronted with alleged inconsistencies in her statement, Daisy 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.
“She heard a shot and did not witness the shooting,” Wittenberger testified.
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 the arrest affidavit.
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 testimony.
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 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 that 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.