Attorneys for a 17-year-old accused in the brutal gang-style killing of Josiaz “JoJo”  Aragon are fighting to return the teen’s case to juvenile court. Denver District Attorney Beth McCann charged Diego Lopez as an adult in the case.

The horrific details of the incident shocked even the most seasoned homicide detectives.

In the arrest affidavit, Denver homicide detective Daniel Andrews wrote,”Of the 101 homicides your affiant had been either the primary or secondary investigator on, this victim suffered injuries indicative of the most violent assault your affiant has seen. Further, your affiant doesn’t recall being involved in a case where one victim was assaulted in so many different ways: stabbed, comma, beaten-probably pistol whipped, shot and possibly stomped on.”

Aragon was shot, stabbed and stomped-on in broad daylight August 8 behind Denver’s Southwest Recreation Center, just two days shy of his 15th birthday.

Lopez is facing one count of first-degree murder, a charge of aggravated robbery with a real or simulated weapon, a count of possessing a firearm as a juvenile and a sentence enhancing charge of using a weapon to commit a violent crime.

In Tuesday’s reverse-transfer hearing, Lopez’ attorneys called upon the opinions of a forensic psychiatrist who conducted a three-hour evaluation meeting with Lopez in December.

Dr. Teresa Mayer testified that though Lopez is 17 years old and has the mannerisms of a person that age, his decision-making skills are at the level of an 8-to-9-year-old. His attorney, Stephen Berstein, asked Mayer if Lopez could be rehabilitated in spite the cold-blooded nature of the crime he’s accused of committing. Mayer predicted that if he were kept within the Division of Youth Services, she was 100% sure it was possible because of the mental health services offered there.

“He has the ability to have very pro-social interactions,” Mayer said of Lopez. “He cares a lot for his family, his friends. He wants to do the right thing and he tries very hard.”

Mayer said Lopez did not have a father figure and kept up decent grades in school until COVID-19 hit.

“He had difficulties turning things in during virtual learning,” Mayer testified.

Prosecutors who want to keep the case in adult district court called Aragon’s grandmother to the stand to remind the judge of the heartache caused by the suspect’s actions. Trina Dominguez said that Aragon wanted to be a musician. Through tears, she described the hole that was left in the family when the boy was killed so abruptly.

During cross-examination, defense attorney Berstein asked Dominguez if she knew Aragon was involved in a gang. She answered that she did not realize his gang ties until after he was was dead.

Because Lopez was charged as an adult, his mug shot, arrest and criminal records were made public. He sat quietly in a green polo shirt and khaki pants, the outfit assigned to children who are being held in the Division of Youth Services. He is currently in detention at Denver’s Gilliam Youth Services Center.

Prosecutors pointed out that an additional charge was tacked on to the list of counts against Lopez in January after he was involved in a riot at Gilliam. That incident added a charge of assault alleging he attacked a fellow youth detainee during the melee.

Ryan Brackley, a former Boulder and Denver prosecutor who is now a criminal defense attorney, said the stakes are high for Lopez — who could face life in prison if he’s charged as an adult. That’s versus a chance for rehabilitation if he’s charged as a juvenile, where the maximum sentence is seven years.

“At stake is whether or not the juvenile will be tried as an adult and face adult consequences or whether he’ll remain in juvenile court and be treated as he should be,” said Brackley. “Regardless of any circumstances that would lead the DA to think he should be tried as an adult, he’s still a child. Children should be treated as children in the criminal justice system.”

During the hearing, prosecutors bounced the focus back to the victim and the loss allegedly created by Lopez’ actions. As a family vacation photo was shown in the courtroom, Dominguez described grief created by her grandson’s death.

“There’s not a day that goes by that we don’t think about him,” said Dominguez.

Denver District Judge Karen Brody set a status conference for June and asked attorneys on both sides to file written closing statements.