The case against 15-year-old Keller McQuay will remain in adult court after a three-hour hearing Monday in Racine County Circuit Court.
Judge Eugene Gasiorkiewicz made his decision after listening to arguments from both sides, including testimony from a forensic clinical psychologist who said McQuay will get the treatment he needs in the juvenile system and from one of his social workers who said McQuay’s behavior is escalating, a story in The Journal Times reads.
McQuay was charged September 14, 2015 as an adult with first degree reckless homicide, possession of a firearm by a felon and possession of a sawed off shotgun in the shooting death of his girlfriend, Vista Jackson, also 14. If convicted of all charges, McQuay faces up to 76-years in prison, and/or fines up to $35,000.
A witness referenced in McQuay’s criminal complaint says she heard Jackson and McQuay say they loved each other, Jackson told the witness she loved them and then the witness heard a “pop.” The witness said she didn’t see the shooting happen.
At the time of the shooting, Jackson had her head turned away, was in a seated position and was shot from a close range.
Assistant State Public Defender Katie Gutowski filed a request September 24, 2015 to have McQuay’s case moved to juvenile court, in part, the newspaper story continues, because McQuay suffers from ADHD, oppositional defiance disorder, and delayed brain development.
Racine County Social Worker Edward Kirchner, though, said McQuay has been a criminal since he was just 7 years old, facing felony trespass charges and escalating to a conviction as a teen sex offender for molesting two young children.
While the court weighed whether or not to McQuay to juvenile court or keep it in adult court, the case remained on hold. Now that a decision has been issued, the boy will finally have his preliminary hearing on May 26.