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District attorney in Kaitlyn Weaver death case believes in rehabilitation for juvenile offenders

Amy Padden swearing in (copy)

In the wake of the U.S. Immigrations and Customs Enforcement detainment of the teenager who hit and killed Kaitlyn Weaver, 18th Judicial District Attorney Amy Padden talked to The Denver Gazette about the juvenile justice system.

In late May, ICE detained the teenager who was driving 90 mph in a neighborhood when he hit and killed 24-year-old Kaitlyn Weaver in Aurora last July.

The teenager, who was staying in the U.S. unlawfully, was charged with vehicular homicide.

Initially, former District Attorney John Kellner promised to pursue the maximum two-year sentence in youth corrections, adding that it would be a “no plea deal” case, according to a report from CBS News.

After the office was handed to new District Attorney Amy Padden in January, the teen was offered two years probation, 100 hours of community service and a requirement to attend school and not break any laws, according to CBS News, citing the victim’s family.

Padden refused to specifically about the Weaver case since the suspect is a juvenile, so the case is not public record, she said earlier this week.

But when it comes to juvenile cases, Padden’s decision to give a plea deal to the teenage suspect is in line with her beliefs about the juvenile justice system. 

“We’re talking about kids, whose brains are not fully developed until they’re 25,” Padden told The Denver Gazette. “So in the juvenile justice system, the way it works in Colorado is we look at really how we can connect this juvenile with resources to help them rehabilitate and make sure they don’t turn into an adult offender.”

A major part of juvenile cases is separating intentional offenses from unintentional ones, Padden said. 

“A first-degree murder charge would be treated very differently than, for example, a car crash,” she said. “The main goal is to make sure the juvenile is connected with resources. Do they need mental health counseling? What’s their parental situation like? Do they have support services at home?”

On May 20, ICE detained the teenager and his family, all of whom are not citizens of the United States, an ICE spokesperson told The Denver Gazette Friday.

“As part of its routine operations, ICE arrests aliens who commit crimes and other individuals who have violated our nation’s immigration laws,” the spokesperson said. “All aliens in violation of U.S. immigration law may be subject to arrest, detention and, if found removable by final order, removal from the United States, regardless of nationality.”

John Weaver, Kaitlyn Weaver’s father, told The Denver Gazette following the ICE arrest that he is grateful to ICE for arresting the teen.

“It’s an appropriate outcome,” Weaver said. “He’s a convicted felon and he shouldn’t be in the country. The judicial system let my daughter down and I’m thankful the immigration system picked up.”

To say they were disappointed by the district attorney’s plea deal would be an understatement, Weaver said. Now they’re left with the complicated question: “What does justice look like?”

“I know what justice doesn’t look like and that’s what happened in court,” Weaver said Friday. “I think if you commit a violent crime in this country, you need to go back to your country. For what it’s worth, I think this is justice.”

While the juvenile justice system in Colorado is “flawed,” that does not mean district attorneys have to participate in those flaws, Weaver said, emphasizing that he thinks ICE stepping in was the right decision.

According to CBS News, the crash happened last July in Aurora when Weaver was driving home from work.

The teenager, a 16-year-old who is not being identified due to his age, was driving a Jeep over 90 mph in a neighborhood where the speed limit was 45 mph and hit her car.

Weaver was rushed to a hospital, where her parents removed her from life support two days later, CBS News reported.

The teenager, who did not have a license or insurance, had other kids in the car with him at the time of the crash. His mother said he took the car without permission, according to CBS News.

In an initial statement to The Denver Gazette following the news of the plea deal, Assistant District Attorney Ryan Brackley said the conviction “to the highest charge” and the negotiated sentence reflect the “seriousness of this preventable tragedy.”

“Although the driver’s age and relevant legal statutes resulted in this case being handled in juvenile court, this should not diminish the severity of the offense,” Brackley said in the statement. “We unequivocally condemn such reckless and unlawful behavior, which had devastating and irreversible results.”

He added that suspects’ citizenship status does not play any role in whether or not they enter into plea agreements. He said plea agreements are a “common” part of the judicial system.

“No legal outcome can truly make up for the profound loss and void Kaitlyn’s loved ones will live with permanently,” Brackley said.



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