Fifth Graders Murder Trial: Will be Tried as Juveniles for Foiled Plot

Fifth graders murder trial: Two fifth-graders, aged 10 and 11, pleaded not-guilty to charges of conspiracy to commit first-degree murder and charges related to weapons possession on March 29 in Washington. They will be tried as juveniles even though Washington juvenile court is usually reserved for defendants aged 12–18.
Fifth Graders Murder Trial: Will be Tried as Juveniles for Foiled Plot
Tara MacIsaac
3/31/2013
Updated:
7/18/2015

In February, two fifth-grade students were arrested at Fort Colville Elementary School in Washington State when their plot to kill a girl and harm six other classmates was uncovered.

At an arraignment hearing on March 29, the boys pleaded not guilty.  

Under Washington state law, children under 12 years of age are not considered able to form an intention to commit a crime, according to Reuters.

Stevens County Superior Court Judge Allen Nielson ruled that the boys, aged 10 and 11, would nonetheless be tried in juvenile court, as they had the capacity to understand right and wrong, reports Reuters.

A student had seen one of the boys with a knife on the school bus and alerted school employee Richard Payette, reports CBS.

Payette found the 11-year-old had a 3.25-inch knife. The 10-year-old had a .45 caliber semi-automatic pistol, and an ammunition clip he later told authorities he had taken from his older brother’s room.

Records show that the 10-year-old had admitted he was aware the plot was dangerous, wrong, and unlawful, but said “I just wanted her dead,” according to CBS.

One of the boys said the girl they planned to murder was “rude and always made fun of me and my friends,” according to Reuters.