Joanne Johnson, 93, murdered in her Augusta, Kansas home, September 2023

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rbbm
www.kake.com

Prosecution looks to try teen girls as adults for murder of 93-year-old Augusta woman

The suspects – two 14-year-old girls – appeared in juvenile court on Thursday as the prosecution asked the judge to separately charge each girl as an adult in the September
www.kake.com www.kake.com
1730413338596.png

''The dad - who was granted anonymity by KAKE - said that according to his daughter, the man grabbed a rusty axe from Johnson's garage and beat Johnson to death, saying he would kill the girls and their families if they told anyone what happened.

Authorities have not released Johnson's official cause of death.

Thursday’s hearing was closed due to the age of the girls, both 14-year-old freshmen at Augusta High School.

The defense is now preparing a response to the motions.

A status hearing will be held on December 10 at 1 p.m. where the judge will decide on the girls being tried as adults. ''
 
acehard said:
I thought that was not an option in Kansas for this case?
Click to expand...
I trust that the prosecution, armed with the ME's report, is seeking an exception to this statute based on the heinous act inflicted on Mrs. Johnson by these teen killers. I've not had a chance to search appellate cases in KS for the same but I'm hopeful for the sake of the family especially. JMO

Seattle1 said:
The juvenile shall be presumed to be a juvenile, and the presumption must be rebutted by a preponderance of the evidence. No juvenile less than 14 years of age shall be prosecuted as an adult.

Statute | Kansas State Legislature

kslegislature.org kslegislature.org
Click to expand...
 
dotr said:
The defense is now preparing a response to the motions.

A status hearing will be held on December 10 at 1 p.m. where the judge will decide on the girls being tried as adults. ''
Click to expand...

It appears Statue does not allow adult court but can defer juveniles under age 14, authorized by the Court to be prosecuted as an "adult," directed to an "extended jurisdiction" where they have a right to a jury trial (as in adult criminal court) and not an adjudication hearing with no jury per juvenile procedures.

(e) (1) The court may authorize prosecution as an adult upon completion of the hearing if the court finds from a preponderance of the evidence that the alleged juvenile offender should be prosecuted as an adult for the offense charged. In that case, the court shall direct the alleged juvenile offender be prosecuted under the applicable criminal statute and that the proceedings filed under this code be dismissed.

Statute | Kansas State Legislature

kslegislature.gov kslegislature.gov
 
Seattle1 said:
It appears Statue does not allow adult court but can defer juveniles under age 14, authorized by the Court to be prosecuted as an "adult," directed to an "extended jurisdiction" where they have a right to a jury trial (as in adult criminal court) and not an adjudication hearing with no jury per juvenile procedures.

(e) (1) The court may authorize prosecution as an adult upon completion of the hearing if the court finds from a preponderance of the evidence that the alleged juvenile offender should be prosecuted as an adult for the offense charged. In that case, the court shall direct the alleged juvenile offender be prosecuted under the applicable criminal statute and that the proceedings filed under this code be dismissed.

Statute | Kansas State Legislature

kslegislature.gov kslegislature.gov
Click to expand...
Then what's the difference? Jury or now will they be subjected to adult sentencing? That's the important thing IMO
 
If you’ve been MAP’ed, that means the prosecutor is asking the judge to treat you as an adult instead of a juvenile (i.e., Motion for adult prosecution).

If you’re treated as an adult then you can be punished like an adult, which could mean going to prison for a longtime. MAPs are usually only done when it’s a very serious crime, or when the juvenile has a long history of criminal activity. If the judge agrees that you should be prosecuted as an adult, and you are found guilty, you will have a criminal conviction rather than a juvenile adjudication.


Per the 10/31/24 MSM link above, the penalty for a juvenile under age 14 charged with first degree murder could only be held until they're 22 and a half years old in custody.

While adults convicted of murder-1 in KS are generally looking at a life sentences, there is no life without parole for minors (sentenced as adults) due to Supreme Court rulings providing that a person under 18 cannot be sentenced to life in prison without the possibility of parole.

Seems KS also employs a generous "good time credit" which would probably apply to any applicable minimum sentence calculation for parole eligibility I suppose serving a minimum 15 years would still beat getting out at age 22.5 per the juvenile statute. :(

Statute | Kansas State Legislature

www.kslegislature.gov www.kslegislature.gov
 
acehard said:
Then what's the difference? Jury or now will they be subjected to adult sentencing? That's the important thing IMO
Click to expand...

It's a bit confusing because they fall in the category of serious crimes committed by offenders between the ages 10-13.

Even if sentenced as adults, which would typically mean a life sentence, the Supreme Court does not allow life w/o parole for juveniles under age 18. Here, they are under that age band as well so a life sentence would really only be on paper, and they could possible be out in 15 years or less. But that still beats getting out at age 22.5 per the juvenile statute.

I guess we wait until December for the Court to make a decision. Maybe one or both have prior records-- making the decision easier for the Court. Also, I'm all for trying them separately. Maybe one will talk... JMO
 
Seattle1 said:
It's a bit confusing because they fall in the category of serious crimes committed by offenders between the ages 10-13.

Even if sentenced as adults, which would typically mean a life sentence, the Supreme Court does not allow life w/o parole for juveniles under age 18. Here, they are under that age band as well so a life sentence would really only be on paper, and they could possible be out in 15 years or less. But that still beats getting out at age 22.5 per the juvenile statute.

I guess we wait until December for the Court to make a decision. Maybe one or both have prior records-- making the decision easier for the Court. Also, I'm all for trying them separately. Maybe one will talk... JMO
Click to expand...
In some states EJJ also has a minimum age. I don't see anything for Kansas so I guess it can be used here. But it seems they get a dual sentence:


In an extended jurisdiction juvenile prosecution, a juvenile sentence and an adult criminal sentence are imposed upon the juvenile offender. K.S.A. 38-2364(a). The adult sentence is stayed,unless the juvenile offender fails to substantially comply with the provisions of the juvenile sentence or commits a new offense.


So if they're good prisoners, they could still be out at age 22.5 and the ault sentence wont kick in?! MOO
 
Sep 4 2024 rbbm
www.kwch.com

Son of Joanne Johnson reveals new details about how mother was murdered

For the first time, Joanne Johnson’s family revealed how the 93-year-old grandmother was murdered.
www.kwch.com www.kwch.com
''Tim said his mother was beaten to death with a hatchet, according to the official coroner’s report. He said the brutality of the murder warrants the teenagers accused, both 13 years old when the crime happened, to be tried as adults. He also plans to continue to push for what he believes the law allows.

“We’re reconciling two facts that we do know: This was an unbelievably, heinous, brutal murder and the fact it’s two juveniles, that statutes allow them to be charged as adults and that’s what we want to see happen,” Tim Johnson said.'
''For now, that statute is clear, in one sentence: “No juvenile less than 14 years of age shall be prosecuted as an adult.” That means that now, even if the two 14-year-olds charged in Joanne Johnson’s murder are convicted, they can only serve time until they are 22-and-a-half years old.''
 
Ksprincess2 said:
www.butlercountytimesgazette.com

Arguments scheduled to charge juveniles as adults in Johnson murder case - Butler County Times-Gazette

Nikole [email protected] This week at the Butler County Courthouse, district prosecutors filed a motion to charge two juveniles as adults after they were arrested for murdering a 93-year-old woman in Augusta last September. Joanne Johnson’s son, Tim found Joanne dead inside her home on...
www.butlercountytimesgazette.com www.butlercountytimesgazette.com

Now says it won't be decided until January 16th
Click to expand...
From the quoted MSM link:

The two juveniles, who are being held in separate juvenile detention centers in Girard and Hutchinson, pleaded not guilty to first-degree murder in August.
[..]

That decision will be made next month after the defense and district prosecutors present their arguments in a closed-door hearing on January 16.
[..]

“It is not appropriate for us to comment as we are well past the offense and now at the prosecution stage before the court, and we are effectively bystanders,” said Tim. “ The County Attorney’s office has helped us understand this very deliberate process, and we believe they are pursuing justice commensurate with my mom’s brutal murder.”

According to Kansas Statute 38-2347:

“Prosecution as an adult; extended jurisdiction juvenile prosecution; burden of proof; authorization. (a) (1) Except as otherwise provided in this section, at any time after commencement of proceedings under this code against a juvenile and prior to the beginning of an evidentiary hearing at which the court may enter a sentence as provided in K.S.A. 38-2356, and amendments thereto, the county or district attorney or the county or district attorney’s designee may file a motion requesting that the court authorize prosecution of the juvenile as an adult under the applicable criminal statute. The juvenile shall be presumed to be a juvenile, and the presumption must be rebutted by a preponderance of the evidence. No juvenile less than 14 years of age shall be prosecuted as an adult.”

The statute goes on to list D1-8 what the court will take into consideration when reviewing the motion and arguments.

If the court denies the motion and they’re prosecuted and convicted as juveniles, they could only serve time until they reach 22 and a half years of age, a mere eight years. :mad:
 
This criminal defense attorney interviewed makes it sound like the prosecution has to jump through many hoops to make adult prosecution possible -- let's hope the brutality of this crime gets this case to the correct court!

www.kwch.com

Prosecutors aim to try teens as adults in Augusta murder case

Prosecutors are now attempting to have the Augusta teens charged with first-degree murder tried as adults.
www.kwch.com www.kwch.com

10/31/24
 

(d) In determining whether or not prosecution as an adult should be authorized or designating the proceeding as an extended jurisdiction juvenile prosecution, the court shall consider each of the following factors:

(1) The seriousness of the alleged offense and whether the protection of the community requires prosecution as an adult or designating the proceeding as an extended jurisdiction juvenile prosecution;
(2) whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner;
(3) whether the offense was against a person or against property. Greater weight shall be given to offenses against persons, especially if personal injury resulted;
(4) the number of alleged offenses unadjudicated and pending against the juvenile;
(5) the previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender under this code or the Kansas juvenile justice code and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence;
(6) the sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living or desire to be treated as an adult;
(7) whether there are facilities or programs available to the court which are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction under this code; and
(8) whether the interests of the juvenile or of the community would be better served by criminal prosecution or extended jurisdiction juvenile prosecution.

The insufficiency of evidence pertaining to any one or more of the factors listed in this subsection, in and of itself, shall not be determinative of the issue. Subject to the provisions of K.S.A. 38-2354, and amendments thereto, written reports and other materials relating to the juvenile's mental, physical, educational and social history may be considered by the court.
(e)(1) The court may authorize prosecution as an adult upon completion of the hearing if the court finds from a preponderance of the evidence that the alleged juvenile offender should be prosecuted as an adult for the offense charged. In that case, the court shall direct the alleged juvenile offender be prosecuted under the applicable criminal statute and that the proceedings filed under this code be dismissed.
(2) The court may designate the proceeding as an extended jurisdiction juvenile prosecution upon completion of the hearing if the court finds from a preponderance of the evidence that the juvenile should be prosecuted under an extended jurisdiction juvenile prosecution.
(3) After a proceeding in which prosecution as an adult is requested pursuant to subsection (a)(2), and prosecution as an adult is not authorized, the court may designate the proceedings to be an extended jurisdiction juvenile prosecution.
(4) A juvenile who is the subject of an extended jurisdiction juvenile prosecution shall have the right to a trial by jury, to the effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas code of criminal procedure. Each court shall adopt local rules to establish the basic procedures for extended jurisdiction juvenile prosecution in such court's jurisdiction.
 
www.wibw.com

2 teenage girls won’t be tried as adults in Augusta woman’s murder

A Butler County judge denied a motion on Thursday to prosecute two teenage girls as adults in the death of a 93-year-old Augusta woman.
www.wibw.com www.wibw.com

Jan 16, 2025

12 News spoke with Johnson’s son, Tim, last year. He said his mother was beaten to death with a hatchet, according to the official coroner’s report. He said the brutality of the murder warrants the teenagers to be tried as adults. He also vowed to push for what he believes the law allows.

The state has reserved the right to appeal the judge’s decision.

A motion hearing in the case is scheduled for Friday, April 18 at 9 a.m.

Jury trials for both teens have been set for May 5 and June 16.
 
www.kake.com

Prosecutor again seeks to charge teens as adults in murder of Augusta woman

A Butler County prosecutor plans to appeal a judge's decision to not try two girls as adults in the death of a 93-year-old Augusta woman in her home in 2023.
www.kake.com www.kake.com

4/18/25

AUGUSTA, Kan. (KAKE) - A Butler County prosecutor is appealing a judge's decision to not try two girls as adults in the death of a 93-year-old Augusta woman in her home in 2023.

A hearing in the case on Friday was canceled, and Cheryl Pierce, Butler County's chief assistant attorney, said she filed the appeal this week. As of now, the girls are scheduled to be tried as juveniles separately, one on May 5 and the other on June 6.

ETA: If the court denies the motion and they’re prosecuted and convicted as juveniles, they could only serve time until they reach 22 and a half years of age, a mere eight years.
 
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