Brooks sent to juvenile court

15-year-old is charged with attempted murder, other offenses

Friday, May 9, 2008

Last November, Trevon Charles Brooks was charged as an adult with two counts of attempted murder, in addition to first-degree assault and reckless endangerment for allegedly shooting a fleeing friend, 15, in the thigh with a .22-caliber semi-automatic rifle after an argument. He is also accused of threatening the victim’s younger brother with a knife during a dispute about a flattened bicycle tire soon before the shooting.

While charged as an adult, Brooks faced a maximum sentence of life in prison. As a juvenile, he will be released from custody by age 21. Also, all proceedings in the case are now confidential.

At the May 7 hearing, Brooks’ attorney, Amy Welch, asked Judge Marjorie Clagett to remand the case to juvenile court, citing Brooks’ ‘‘very low IQ,” immaturity, emotional problems and possible brain damage. Welch also said Brooks had been making educational progress with an in-home tutor during his house arrest at his parents’ home and had been cooperating with authority figures.

‘‘Everyone Trevon has come into contact with has indicated he has been cooperative, that he was pleasant,” Welch said. ‘‘The new psychiatric evaluation says the same thing ... [the evaluator said he was] very cooperative, he worked hard on all the tests given to him. ... This hasn’t just been sitting back and waiting to show up in court.”

Welch said she recognized the seriousness of the charges against Brooks but was confident that ‘‘this young man is amenable to treatment” and that he could become ‘‘an active, productive, safe member of society.”

Welch also said that Brooks had shot the victim because he was afraid of the victim and his younger brother. ‘‘A lot of Trevon’s past experience led him to be fearful in this situation. He wasn’t going out and doing armed robbery,” Welch said. ‘‘Not trying to start fights. He was reacting poorly to a situation.”

As prosecutor, State’s Attorney Laura Martin conceded that Brooks would receive better services in the juvenile system but said that keeping the adult charges would better serve public safety.

‘‘You have someone who clearly would be served better in the juvenile process because of his needs ... but again, it comes down to public safety and that is my paramount concern.”

Martin also said that Brooks’ cooperation with teachers and mental health officials did not mean he would be safe in less structured settings.

‘‘He has had limited exposure to the general public [since his arrest]. And that is the key,” Martin said.

Clagett also questioned Brooks directly. Brooks spoke softly and answered mainly in monosyllables. He said he understood the proceedings and the importance of being cooperative.

Clagett said that her decision had to weigh the possibility of Brooks’ rehabilitation against his potential risk to the public.

‘‘Our overarching goal, Mr. Brooks, is to figure out a treatment plan that will be a success, so our citizens, wherever you are, are safe from harm. ... [The gravity of the charges] is clearly troubling. There is no way to get around that.”

But ultimately, Clagett said that ‘‘I am satisfied this is a perfect case to waive to juvenile court, with conditions. ... I will be on top of [the Department of Juvenile Services] to make sure what I order happens, not falling into the cracks, because the ultimate goal is to protect citizens, whether in Calvert County or elsewhere.”

Though it will now be tried as a juvenile matter, Clagett retains control of the case.

Complying with a request by Martin, Clagett ordered that Brooks be sent to a secure juvenile institution if he is found to be ‘‘involved” in the shooting, the juvenile equivalent of a conviction in adult court.

However, this could be a challenge because most facilities queried refused to house Brooks because of his low IQ, aggressiveness, emotional problems or other factors, according to Robin Sizemore with the Department of Juvenile Services. The two facilities that have agreed to accept him, pending an interview, are in Florida and Indiana, she said.

In an interview after the decision, Martin said she wanted Brooks to remain in adult court but ‘‘I’m pleased [Clagett] followed my second recommendation. I would have preferred he remain in adult court, but I understand, because of his severe psychological issues, that he would be better treated in the juvenile system than in the adult.”

Speaking to Brooks and his parents after the decision, Welch said, ‘‘We were asking a lot of the court, and she put her faith in you and in this justice system.”

‘‘It’s certainly better than jail. Much better than jail,” Sizemore told them.