CO law stops teen driver from being charged as an adult

A year older or two years ago and the punishment for the 17-year-old driver who is charged with killing two teens in a car crash could have been much harsher.

“It’s what our legislature decided, no matter how aggravated the vehicular homicide may be, if the defendant is a juvenile you can only file those charges in juvenile court,” said 4 th Judicial District Attorney Dan May.

In 2012, the state legislature literally crossed out “vehicular homicide” as a crime in which a juvenile could be charged as an adult.

“Regardless of what they want to do, their hands are tied in a situation like this,” said attorney David McDivitt. “The laws are changing so that district attorneys no longer have as much discretion to file charges against a juvenile in adult court.”

McDivitt says the laws have changed in large part because of research into developing brains.

“A lot of juveniles don’t have that cognitive development, the limbic portion of the brain isn’t developed enough, the decision portion of the brain that says good idea vs. bad idea,” McDivitt said.

So rather than facing years in prison, the teen driver could spend at most up to two years in a juvenile detention center.

Juveniles can still be charged as adults in cases like murder or violent sex crimes.