**Disclaimers: *Please note, this may be a difficult or disturbing read due to the content. Reader discretion is advised. *All those charged (or not charged) are considered innocent until proven guilty by their own admission in a court of law or a jury/judge.
Today, I will be covering a developing case, one that only occurred within the last week. Therefore, new information is coming in and that means that what is posted here may be supplemented by future posts.
CASE INFO: The case takes place in Waynesboro, Pennsylvania, a rural area in Franklin County Pennsylvania, located about 25 minutes away from Hagerstown, Maryland or about 30 minutes away from Gettysburg and Chambersburg, Pennsylvania. All criminal cases are difficult, especially when they involve a homicide, but this case also includes two children. The children will be referred to as B.W. and J.S. to protect their identities, despite the fact that B.W.’s information has been included on public dockets and news articles. It will be explained later the rationale behind me choosing to use initials versus full names here. I will, however, use the father’s full first name.
B.W. is a 13-year-old boy who, according to news articles and sources, hoping to play “cops and robbers” with his 9-year-old brother, J.S., on July 8, 2020. In an interview with police, B.W. relayed to police that he was “angry” with his brother not listening to him with regard to playing the game. B.W. indicated that he knew that his father, Mark, had two handguns in an unlocked compartment that was part of the couch. It is reported that B.W. took one of the handguns out and put it to the “back left side” of his brother’s head and fired the weapon. B.W. then put the handgun back in the compartment and called 911 to report that his brother was injured. Local police arrived at approximately 6 a.m., meaning that this interaction between the two boys was occurring early in the morning on that date. Pennsylvania State Police arrived after 7 a.m. Police on scene witnessed J.S. “bleeding from the head and in cardiac arrest”. J.S. was transported to Waynesboro Hospital but was pronounced deceased. B.W. relayed to police in an interview that he has been taught by his father to not point a gun at another person. He also admitted using firearms in the house previously without his parents’ knowledge. Mark, the father, indicated that he keeps the firearms in the unlocked couch compartment for “home protection”.
B.W. is currently in the Franklin County Jail, with bail being denied. He has been charged as an adult with criminal homicide (Felony of the First Degree) and Aggravated Assault (Felony of the Second Degree). No one else has been charged with any crimes at this time. B.W. is scheduled to appear in court again on July 24, 2020. He is represented by private counsel.
CASE ANALYSIS: This case may leave you with many questions about the situation, the family, the crimes, the criminal justice system, etc. As mentioned above, we may not know this information until more becomes available. I have included information that is based on my reading, prior experience, and prior knowledge in this section. Everything in the case info section was presented as facts by reporters and court docket sheets.
One of the questions you may be asking is how a 13-year-old boy is charged as an adult. In the Commonwealth of Pennsylvania, juveniles can be charged directly as an adult when the commit certain types of crimes, homicide being one of those crimes. For those of you who may not be as familiar with the criminal justice system, there is an “adult court system” and juvenile court system (stay tuned for more about these in an upcoming post). Typically, if a person is under the age of 18, and commit a crime, they are treated in the juvenile court system. However, in this case as mentioned, B.W. is charged directly as an adult. He could have his lawyer(s) ask the court and argue a case to transfer him into juvenile court, which could either be denied or accepted by the judge. When juveniles are involved in juvenile court, the media will typically maintain privacy for the juvenile and not use their full name. Juvenile court records are also “sealed” meaning they are not available to the public as with adult court records. It is for these reasons that I decided to use initials above, so that in the event the case was transferred, B.W.’s full name is not in yet another place that could be shared across the internet.
Another question that may arise in your mind is how/why B.W. had access to the firearms. Based on what I read, the firearms were in an unlocked compartment in the couch. B.W. was aware of where the firearms were and his statements to police indicate that he has handled them in the past without his parents’ knowledge. Firearm safety experts, especially in the presence of young children, would recommend locking firearms, either in a locked safe or with a gun lock. Some counties in PA, such as Bucks County, have advocated for widespread distribution of these locks, and education about gun safety, through “Ben’s Campaign” ( https://bucks.crimewatchpa.com/…/29567/content/bens-campaign) and Project Childsafe (www.projectchildsafe.org). I choose not to speculate, and therefore will not comment on his father’s role/responsibilities.
WRAP-UP: Regardless of the future direction of the case, a family and community are mourning the losses of two children, both taken away by the use of a firearm. Although B.W is still living, as a 13-year old charged with homicide, his family and community may feel they have lost him in a way.
Two resources for families losing a child to homicide, https://www.pomc.com/ and for those in Pennsylvania: https://www.ova.pa.gov/Pages/default.aspx
*Please feel free to comment or message any thoughts, feelings, or questions below or direct message/email (neurolawgical@gmail.com).
(Sources: The Record Herald article by Amber South July 9, 2020; Obituary from Douglas Fiery Funeral Home; PA Court Docket System) (Photo credit: Juvenile Justice Information Exchange)