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Defense gets continuance in Colville school hit list case

By Kylee Cruz, KXLY4 Reporter, kyleec@kxly.com
Published On: Feb 20 2013 08:20:26 PM CST
Updated On: Apr 12 2013 01:20:40 PM CDT
Colville courtroom -- Elementary students conspiracy to commit murder hearing

A defense attorney said Wednesday more time is needed to determine if two young Colville boys can be held accountable for a hit list and for bringing weapons to school.

The two boys, just 10 and 11-years-old, entered the courtroom in shackles on Wednesday afternoon for a Capacity Hearing. The state's criminal justice system presumes that children below the age of 12 don't have the capacity to understand they were planning to commit a crime.

Wednesday's hearing was supposed to determine if there's clear evidence showing the boys understood their actions, however the defense asked for more time to gather information about the boys' mental state.

They said it's worth delaying the hearing so the kids can undergo a second mental exam.

The extra time was granted and the judge moved the Capacity Hearing to next month.

"It's amazing stuff we are talking about here. It's very rare that it happens but it does happen and it gets all of our attention," Colville School District Superintendent Michael Cashion said.

Cashion said the school district is being proactive; they plan to strengthen anti-bulling programs and encourage parents to talk to their kids. 

"I really need parents to look in backpacks, check lunch boxes, find out what's frustrating them," Cashion said.

The new Capacity Hearing will take place on Friday, March 15 at 9:30 a.m.

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