Killings' suspect to seek transfer to juvenile court

CONWAY -- Attorneys for a 15-year-old boy charged with murdering his guardians said Wednesday that they plan to ask a judge to transfer the case to juvenile court.

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Justin Staton was 14 when Robert and Patricia Cogdell, both 66, were found shot to death outside the Conway home where they had been raising him. Staton and three friends, all teenagers, were charged later as adults in the July 21 killings.

During a pretrial hearing in Faulkner County Circuit Court, defense attorney Charlotte Aceituno Bogan told Judge Troy Braswell the defense will seek the transfer, which is a common request in such cases.

If convicted, Staton could face a much shorter sentence in juvenile court than in adult court, where he would face up to life in prison without parole.

Bogan said she and the other defense attorney, Gina Reynolds, are waiting for a state Crime Laboratory report on a DNA sample their client provided at the state's request. The prosecution has said authorities found unidentified DNA but has not said whether it came from the Cogdells' home or adjacent property where the bodies were found.

Bogan said she and Reynolds need to review these and other records before filing the transfer request.

Braswell set a pretrial hearing for March 22, when Bogan said she and Reynolds will have a better idea of how they are progressing. For now, Braswell said he would not change the trial date, set for May 16-26.

Staton said nothing during the hearing Wednesday. He was wearing jail clothes, was handcuffed and shackled, and has grown a beard since his arrest in July.

Staton and Hunter Drexler of Clinton, who has turned 18 since the slayings, are charged with two counts each of capital murder, aggravated robbery, abuse of a corpse and theft of property by threat. Connor Atchley, 17, of Greenbrier and his girlfriend, Anastasia Roberts, 17, of Conway are charged with two counts each of first-degree murder and felony theft by receiving.

Jeff Rosenzweig, a criminal defense lawyer who has handled capital murder cases, said Wednesday that "it would be unheard of not to request" a transfer to juvenile for someone as young as Staton.

Rosenzweig, who is not involved in Staton case, said if a judge denies the request "that's an appealable order."

Homicide cases in juvenile court almost certainly would be treated as extended juvenile jurisdiction cases, he said.

If a young person is convicted in that situation, the judge could sentence him to a juvenile facility until he turns 21. At that time, the case would go back to the judge who would decide questions such as whether to put the youth in an adult prison or to release him, Rosenzweig explained.

"My guess is that most [transfer requests] are denied," Rosenzweig said.

"Chances are better" the younger the defendant is, he said. It also depends on the facts of the case, such as whether the defendant was the suspected killer or an accomplice, Rosenzweig said.

Staton's biological mother and grandfather, Michelle and Randy Staton, have been charged with hindering apprehension or prosecution.

State Desk on 02/11/2016

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