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Sunday, Nov. 22, 2009

Going Downtown: More juveniles being transferred to adult criminal systems

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One terrible decision turned a 15-year-old boy with no criminal record into a three-striker.

Deon Loggins was among a group that robbed some young drug dealers at gunpoint in a Modesto park, then stole marijuana, money, jewelry, even the pants and shoes from the victims, a prosecutor said.

That was enough for prosecutors to charge Loggins as an adult. He was sentenced in September to one year in jail for three counts of robbery -- though he's housed in juvenile hall -- and faces 25 years to life in prison if he commits another felony under California's tough "three-strikes" law.

"I could care less about (Loggins') background, about what kind of student he was in school. On that day, what he did was intolerable," said Deputy District Attorney Tom Brennan, who prosecuted Loggins.

"I want the community to know that their homeboy, their son, their brother, their uncle -- they will be targeted if they commit violent crimes," Brennan said.

Loggins is one of an increasing number of adolescents landing in the adult justice system in California. Most aren't killers. But many are accused of committing violent crimes such as robbery or assault.

"Juveniles who commit these offenses are still children," said Stanislaus County Juvenile Court Judge Linda McFadden. "Most of them aren't sophisticated adults, yet the crimes they commit can be very sophisticated."

A Bee review of California Department of Justice data from 2004 to 2008 shows the number of juveniles going through the adult criminal system has risen statewide, a trend that is echoed in Stanislaus and San Joaquin counties.

Stanislaus County transfers increased from three in 2004 to a high of 15 in 2007. San Joaquin saw a rise from nine in 2005 to 23 by last year.

While more juveniles are being sent to adult court, the number of young people arrested for the most serious crimes -- homicide, rape, assault and robbery -- has stayed mostly flat or has dipped.

Assistant District Attorney Carol Shipley couldn't speak to the reasons behind these contrasting trends. But she said many of those minors charged as adults are accused of committing violent crimes: murder, robbery and assault with a deadly weapon. Shipley said prosecutors weigh the seriousness of the crime, the minor's age and criminal record, and whether gangs are involved. They often are, she said.

"I just think it's very sad where we get to a society that instead of being your typical high school prom, homecoming and enjoying those types of things, (kids) are out committing these times of crimes," Shipley said. "I think it's such a sad state."

'Going downtown'

There currently are eight young people charged as adults being housed in Stani- slaus County Juvenile Hall. On average, there are 13 minors facing adult charges -- the kids call it "going downtown" -- in maximum security lockup there each month.

On Thursday, the young inmates peeked through the small slit windows of their locked cells, anxious for "rec time."

They played handball. Some sat quietly playing dominoes and Crazy Eights. One boy brought his pet fish with him from his cell. He has two goldfish -- Niner and Raider -- one for each year he's been locked up and shown good behavior.

Juvenile justice advocates argue adolescents aren't mature enough to consider the consequences of their actions, but they are more capable than adults to change. In prison, rehabilitation programs are sparse, and studies show that kids processed in the adult system are more likely to reoffend than those treated as juveniles.