Monday, October 3, 2011

3rd District Appellate Court: Judge Chris Fredrickson abused his discretion, 13 year old Deonte Moore should not have been tried as an adult.



A couple of years ago, I blogged about Deonte Moore, a local thirteen year old, who was convicted of robbing South Side bank and was tried as an adult. An Emerge Peoria blog reader recently pointed out to me that I neglected to follow up on what has been happening with young Deonte.

It was reported in the local newspaper in early September 2011, that the 3rd District Appellate Court in Ottawa held that prosecutors did not present enough evidence to move the case of Deonte Moore (now 16), from juvenile court to adult felony court. In short, Deonte should not have been tried as an adult.

Click here to see the court decision where the appellate court said Judge Chris Frederickson abused his discretion. Also named in the subtitle of the decision is Judge James Shadid, who has since gone on to be nominated by the President and confirmed by the Senate as a member of the Federal bench.

From the Emerge Peoria e-mail box…
"Because I have been following the Deonte Moore story for the past three years, I was pleased to see that the appellate court smacked down Judge Frederickson on this case - but I have to wonder if it is too late to save the boy. Also, what I find most frustrating is the main stream media has but ONE story on this case when it certainly warrants significant attention.
You may recall the case - a 13 year old African American youth arrested on a single armed robbery charge, "certified as an adult" after a slam-bam hearing by Frederickson. The judge used some pretty serious racist buzz words to describe the boy.

This boy received a sentence for bank robbery well in excess of many adults nationwide convicted of the crime. His sentence grossly overshot the number of years given to older boys for armed robbery. The unreasonable nature of the judge, coupled with the final outcome, was morally outrageous.

Research showed that the basis for the boy being transferred – was that he had purportedly choked his granny. It was horrifying to learn that Deonte’s mother and grandmother (neither of whom was what I would consider "granny age") were routinely using physical punishment on the boy, which made him act out and run away. They ADMITTED that they used this technique. And like many kids, this boy didn't show for his counseling sessions since they were geared toward the belief that he was the problem - and the adults were absolved of any responsibility. Deonte’s mother and grandmother learned the hard way that calling the cops on their kid was the wrong thing to do.

Our problem now is that serious damage has been done to this boy during the past three years, when folks might have been able to turn him in the right direction. He has been completely institutionalized and brought up in an improper environment, when he might have been placed in a treatment facility aimed at children of his age with the types of problems that he had. As a result, the likelihood that he will re-offend has probably increased by ten-fold.

My guess is that he has not become less violent, but probably more violent given the environment where he has been caged. Unfortunately for Deonte and this community, valuable time has been wasted and turned one small problem into a lifelong disaster. Only time will tell if the damage caused can be turned around."

12 comments:

Anonymous said...

Coming soon to a school near you Deonte Moore.

Emtronics said...

Yep, a lot of 13 year olds aspire to rob banks at gun point. FEH I wonder what damage was done to the people he threatened. This poor kid was on probation at 13. Let's all give him another chance. Maybe next time he'll kill someone and you can really blame the system on that.
Fredericksen has been around juveniles for years and years. His decision was the correct one. This isn't the first time the idiots in Ottawa have made a bad decision.

Sharon Crews said...

I don't profess to know what would or would not have happened "if:" however, it does seem that there was some, even considerable, inequity in these decisions. Certainly, the adults in his life should not have been in his life--true of so many kids. (I always cringe when I hear that parents who can't discipline their own young children threaten them with calling the cops.)

Emerge is right to raise the question--to make us think about whether or not there is inequity in our legal system--we know there is. If it isn't that this child was treated too harshly, it certainly could be that others get off with lesser punishment--and we should ask "why."

Anonymous said...

I know Deonte and his family. Deonte has made poor choices since Kindergarten. His Grandmother and Mother have worked very hard to get him the help he needed and to discipline him in order raise him right. Deonte made the choice to rob a bank....but, just like District 150 failed to give him consequences, the courts have too. I assure you, we will be reading about his next crime within the next 6 months....mark my words.

Joe said...

Great! Ol Catch and release Mary McDade is back at it! The last troubled youth she released from jail went on a shooting spree last summer. Of course he is too much of a screwup to actually hit anyone when he shoots! I mean, that guy is the perfect example of a worthless human being. He isn't even good at being bad.

I am sure this kid will be back in the clink in no time. Hopefully he doesn't decide to kill someone this time, or rob Emerge's house. Although that would be ironic.

Anonymous said...

Emerge - do you know anything about this case other than heresay or the newspaper article? Did you read any of the court transcript? Were you present for any of the proceedings? Do you know any of the laws that were applied in this case? I'll ask again. Do you know ANYTHING at all about this case?

Emerge Peoria said...

Anonymous - do you know anything about this case other than heresay or the newspaper article? Did you read any of the court transcript? Were you present for any of the proceedings? Do you know any of the laws that were applied in this case? I'll ask again. Do you know ANYTHING at all about this case?

If so, do tell...

Emerge Peoria said...

"Hopefully he doesn't decide to kill someone this time, or rob Emerge's house."

I care about you too, "Joe".

Emerge Peoria said...

Teen's robbery conviction reversed
Appellate panel finds prosecutors didn't justify trying Shyeim Chapai as an adult

PEORIA — For the second time in a month, an appellate panel reversed the conviction of a young teenager who was tried as an adult for armed robbery.

As they did in early September, the trio of judges from the 3rd District Appellate Court in Ottawa held prosecutors did not present enough evidence to move a case from juvenile court to adult court. In this instance, it is the case of Shyeim Chapai, then 13, who received a 21-year sentence for robbing a gas station.

The Sept. 29 order sends Chapai's case back to Peoria County's juvenile division where prosecutors could again elect to transfer it or leave the matter in the juvenile courts.

The seven-page order, written by Judge Robert Carter, with Judges William Holdridge and May K. O'Brien concurring, states Judge Chris Fredericksen, who presided over Chapai's juvenile court session, erred when he didn't consider several factors.

It mirrored a Sept. 8 opinion which held Deonte Moore, now 16, also should not have been tried as an adult when he robbed a bank while 14.

Neither opinion weighed in on the merits of the case, only whether the teens should have been tried as adults.

In Chapai's case, the judges found nothing in the court record indicated whether prosecutors told Fredericksen what services were available within the juvenile court system to help Chapai, who was diagnosed with several mental disorders and had behavioral issues at school.

Second, Chapai, like Moore, had an unloaded weapon and state statute requires prosecutors to prove a deadly weapon was used.

Lastly was the length of sentence. It was a factor with Moore, who also was sentenced to 21 years, the minimum sentence. Had either been tried as a juvenile, the maximum sentence they could have received would have been to be held in juvenile prison until their 21st birthday.

Chapai's transfer came in November 2008. A juvenile can be tried as an adult if he or she is older than 13 and a judge finds "it is not in the best interest of the public" for the youth to remain in the juvenile system.

Sharon Crews said...

The "unloaded" weapon does seem to be a reason not to try a child as an adult.

Emerge Peoria said...

"...Chapai, like Moore, had an unloaded weapon and state statute requires prosecutors to prove a deadly weapon was used."

Perhaps Fredricksen, et al don't know about this state statute.

Anonymous said...

People wake up! This Judge Frederickson is flushing 13 year old African American kids down the toilet in astounding numbers, giving them such poor service in his court that the reviewing judges need to reverse him TWICE in as many months. A man who does this to 13 year olds does not deserve to sit on the bench and continue on with serial child abuse.

Studies show that kids handled this way are much more likely to reoffend and are much more dangerous once released. Why do you folks want that? There are facilities that can change kids - but you need to invest in them and believe in them.

I was shocked by a person's comments that this kid made poor decisions his whole life until the sentence - yup - all 13 years of his life - not much time to be so horrid. His parents are responsible for his behavior - certainly until he is 18 years old and they are responsible for who he became.

Get it through your heads - if this boy goes on to commit more crimes when released, it will certainly be his own fault - but it will likewise be Judge Frederickson's fault as a JUVENILE JUDGE for failing so horribly at helping this boy change when he had the best opportunity. Judge Frederickson should be 100 percent aware of the law and what it takes to certify a juvenile and if he doesn't he should get out of the business and try something where he cannot harm children.