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-- sort of back -- -- on the docket today a disturbing case involving two Washington State fifth graders.
Accused of conspiring to rape and kill one girl.
And hurt or possibly kill up to half a dozen other classmates.
Prosecutors say the boys boarded a school bus in February with a -- a semi automatic pistol and ammunition in a backpack.
I younger student on the bus saw the knife reported it to a teacher's -- And listen.
He pulled out -- than it should mean I was very shocked.
Simple this -- hang out -- happen.
And tell you how and they yeah.
-- -- -- -- Both students have been charged now with conspiracy to commit.
First degree murder very very rare to see that kind of charged with children of this age.
Joining me now -- -- and Mercedes Colin both are Fox News legal analysts.
And his -- make sure -- correct myself on the break we said two boys charged with murder that thankfully no murder took place it was conspiracy to commit.
Least the reasoning in parts that we it's so rare to see this charge brought at this age that there's a Washington State.
Children ages eight to twelfth and they fall within that range are presumed.
Not to have the mental capacity.
To form an intention to commit a crime had a date get past that presumption.
Prosecutor can't go past that the presumption if the prosecutor as it does it did this case I think is aptly write the judge ruling here that they're going to be tried because.
-- presumption can be overlooked can be withdrawn if it's shown.
It increased amount of planning -- think these two boys are planning for two weeks of my favorite to do to kill and rape and new late this girl with the other kids out -- about six other kids on that list and seven step plan make it's that they had worked on for more than two weeks.
That shows premeditation make and it shows that they are competent to stand trial.
That's the thing Mercedes that it was such a detailed plan and then according to the detective in the case when they were caught.
There was no remorse listen to the detective to.
So I asked them if you really were gonna do this are you sure.
-- really gonna kill her and he said that.
Yes he was.
I think so and I still in the lead and I said so she would have been dead today in -- -- And you what's amazing about it there's a reason why there's a law on the books about this it's all about mental capacity and -- intent to commit murder when they say -- to twelve.
The legislators honestly looked at the ages generally they did their studies and looked upon -- it.
We can't we don't think that they can't formulate this incredibly even when the teacher asked about the -- mental health counselor asked.
For the gun the Tom displayed at the -- didn't take up the gun and shoot the mental health counselor.
I read a book years ago that the don't can't melee in coming it's raining with -- -- -- juvenile system.
And and frankly it's broken.
What these kids need a counseling.
Didn't think their rate of actually recidivism is so high especially juveniles -- because they're stuck in these detention centers and it don't come out better but you can look at these kids.
Try to fix them now counting the answer not prosecute -- accounting Clinton -- -- counseling and Canada ten.
And center I agree with that's condition obviously accounts and their troubled kids and one of the kids younger can have an older brother that's in in jail or prison right now for whatever your iPad.
Right so okay suggest they have problems but that answers not to say oh well just because they're that age can release them.
And they can plot another plant where some child support child really will be killed because they have not learned.
Right from wrong.
If it's gets about what we're clearly -- in this case they've got to get detention.
I want to talk about these step by step plan that these two mapped out because that plays in to whether this -- is justified and right after the break.
The surprising witness who argued they should be held on extremely high bail that's next.
Lease a Mercedes back with me now wanna talk about the planning on this -- they said authorities said the -- -- the plan was to get her away from the school and quote.
-- -- in because quote she was really annoying.
There were other students they showed a list of at least six more names that they were also going to target.
They say that the plan was for the eleven year old to stabbed the girl with the night the ten year old was supposed to keep everyone away.
The ten year old had been in a quote short dating relationship with the girl.
It was quote going to go down today I mean this sounds like it was completely mapped out.
Mapped out including getting the gun from the one of kids -- -- that they haven't -- they have the they have the night they -- all of that they were going to one was going to you know.
-- her and and stabbed her they -- gonna pay at another third child I think eighty dollars to be quiet about I mean this was a planning you know of criminals and yeah.
I hate to say it when you talk about kids who think that they -- where they were planning at the horrible criminal act.
And Mercedes this is one of the reasons we assume why it wasn't just this state psychiatrist but it but the defense psychologist.
Said these children present a danger to the community I mean how rare is that.
Very rare that they do then I mean certainly you have to look at what with -- circumstances under which they had this type of analysis we don't know what the questions rest.
Analog -- when I worked in the DA's office and we worked with children a lot of what's presented these children are embedded within the question.
So those responses you have to think about how -- the questions were that are actually -- these children if they -- impressionable.
That's why there -- statutes like the one in Washington State that talk about mental.
Passing is there and when you're a bit of -- and -- -- breaking through that now police need these kids are gonna go on trial looked around guilty a couple years in prison may -- -- -- -- in juvenile pranks as juvenile court.
I mean is there any breaking through to children like this who are on remorseful and who came up -- -- plot to begin with.
I don't know make -- I mean that's that's a great question I hope so I would wanna say that no kid at that age is irretrievably broken.
But this is so serious that they need to be in their need to be getting this council looks clearly -- They're not getting it from home -- heir apparent that's the question Mercedes when the parents and all this by the way they're pleading not guilty so abolitionist and -- I think it's unbelievable I mean I actually feel bad for the ten year old -- Brothers already serving time for murder.
They're obviously there's something going on and that council which is why go back to these children need counseling and frankly being with other kids charges horrible -- -- get a -- at their feet and doesn't go to the detention.
Well you -- -- -- to get somewhere to help thank you -- so much thanks me.
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