WFHB Bloomington Community Radio
Podcast: Play in new window | Download (Duration: 8:30 — 7.8MB)
In the eyes of the Morgan County legal system, Michael Phelps entered the courtroom yesterday afternoon as a child, only to exit thity minutes later, as an adult.
Phelps stepped off the courthouse elevator in an orange jumpsuit and shackles with tears in his eyes and a county sheriff directly behind him, guiding his every step throughout the courthouse. He changed into a pressed white button down shirt and baggy khaki pants. He sat alongside his defense attorney and listened to Superior Court Judge Chris Burnham recite the testimony given by local officers about the events leading up to March 25, 2011, when it is alleged that he shot former classmate Chance Jackson inside the entry way of his former middle school.
Judge Burnham read aloud a nice-and-a-half page Waiver Order explaining why Phelps will be tried in this case as an adult. He explained that under Indiana Code 31-30-3-2, a child between the ages of 14 and 16 years of age can be tried as an adult if the alleged act and suspect meet three requirements, including whether the crime is considered heinous or aggravated, whether there is probable cause, and that the child is beyond rehabilitation that the juvenile justice system can provide.
The judge explained why Phelps met all the requirements and ordered that Phelps be remanded to the custody of the county sheriff and that the case be waived into the jurisdiction of Morgan Circuit Court or Superior Court One.
Families of the suspect and victim then filed out of the courtroom, followed by each party’s attorney. Both attorneys then met with the members of the press to take questions. Steve Litz, the defense attorney representing Michael Phelps, stated after the ruling that the judge was simply taking the easier route in waiving Phelps into adult court.
“It’s always easier to show contempt than concern, it’s always easier to do what’s politically expedient than what’s compassionately just.”
Litz conceded that the accusations against Phelps meet two of the three requirements to waive the case into adult court. He said that the accusations were indeed heinous and that there was probable cause, but the third requirement will be the basis of the defense team’s argument.
“Is Michael beyond the rehabilitation of what the juvenile justice system can offer? We heard a day of testimony that uniformly, unequivocally said that he was not.”
According to Judge Burnham, Phelps began showing signs of delinquent behavior as he entered 6th grade. Phelps was first referred to the juvenile justice system in October of 2010 when he was placed under an informal adjustment with the county probation department for violating school attendance laws. The following December, he was arrested while walking the streets of Martinsville at 1:30 am.
At the time, Phelps had with him a pipe that had been used to smoke marijuana. He could not be returned to the custody of his mother, because she could not be found by authorities.
Phelps was later placed under formal probation supervision after a hearing on February 28th. He was expelled two days later for commenting in English class that he was going to “blow up the school.”
A day after his expulsion, Phelps’ mother, Karen Quickery, reported to his probation officer that he had gone missing.
Litz was asked whether or not this general lack of supervision and positive parental influence contributed to Phelps’ delinquent behavior.
“Michael’s mom is primarily responsible for him being here,” Litz said.
Morgan County court then issued a summons for Phelps for violating his terms of probation. About two weeks later, it is approximated by Martinsville detective Brian Chambers, that Phelps stole a 9 millimeter handgun and several hollow-point bullets. Then, on March 25th, Phelps would post on the his Facebook profile “today is the day,” walk to Martinsville West Middle School in search of classmate Chance Jackson and, as it is alleged, draw the 9 millimeter handgun from the waistband of his pants and shoot Jackson twice in the abdomen.
Judge Burnham described the act as a “cold and calculated, and therefore more suitable under the jurisdiction of adult court.”
The judge also stated that Phelps is “undoubtly a teenager raised in a destructive, substance-abuse ridden, chaotic home with no significant and responsible parent in his life.”
Prosecuting attorney Steve Sonega explained that more witnesses are still coming forward and that officials continue to find new information to be revealed at the initial hearing in adult court and during the pre-trial conference.
Next week Michael Phelps will turn 16. As of this afternoon, he is the youngest person in the Morgan County Jail.
-Ryan Dawes
