MOUNDSVILLE - It was public response that led to the arrest of three juveniles accused of recently setting fire to a cat - now Marshall County Animal Shelter workers are hoping public response by petition will force the court system to try them as adults.
However, Marshall County Prosecutor Jeff Cramer said that while he feels the juveniles should be tried adults, the petition can't make much difference right now.
"While a petition can certainly make the public's voice heard, and I've heard it, it cannot legally change the way that a certain case is handled," Cramer said on Thursday. "It would be against the oath I took when I became prosecuting attorney to prosecute criminal cases a certain way based upon the number of signatures on a petition requesting a certain disposition."
The online petition at www.thepetitionsite.com, sponsored by the Marshall County Animal Shelter, began circulating Nov. 6. As of Friday morning it had 3,257 signatures - just 743 shy of its goal of 4,000.
In the petition, the sponsors request the three male juveniles accused of setting fire to a cat on Halloween night in Moundsville face adult prosecution.
Moundsville police Sgt. Darren Whipkey said one of the suspects recorded the incident in which gasoline was poured on the cat before it was set ablaze near the East End Playground.
"Apparently one of the individuals had recorded the incident on a cell phone," Whipkey said. "They poured gasoline on it, set it on fire and set it loose."
The orange tabby cat was brought to the Marshall County Animal Shelter the next day by someone who found it near the playground. However, the cat was euthanized two days later, said shelter Director Cindy Brautigan. Brautigan said the cat was in poor condition when it was brought in. Its skin was peeling off its hind legs and it had severe lacerations.
The boys, who range in age from 14 to 17 years old, were later arrested and it was announced they would be tried as juveniles, which had many very upset.
Cramer said while he does believe the alleged actions warrant adult prosecution, the law does not allow him to do so. According to West Virginia Code 49-5-10, to be tried as an adult, a juvenile must be at least 14 years old and have allegedly committed one of the following crimes: treason, murder, robbery with a firearm or other deadly weapon, kidnapping, first degree arson or first degree sexual assault.
"Unfortunately, given the specific charges and circumstances in these cases, the law does not permit these cases to be transferred to adult court," Cramer said. "The statute only allows for certain crimes committed by first time offenders to be transferred to adult jurisdiction. Felony cruelty to animals is not one of the designated crimes."
Cramer said that is something he would like to see changed, and he believes the petition may be a good start in doing that.
"I would like to see the petition sent to the local legislators in an effort to amend WV Code 49-5-10 to include 'felony cruelty to animals' as one of the crimes with which juveniles can be immediately charged as adults, even with no prior juvenile adjudications," Cramer said.
While Cramer said that, due to confidentially, he could not comment on when any hearings in the case would be scheduled, he said that the possible penalties the three boys face include being removed from their homes, being placed into juvenile detention centers, having psychological and psychiatric evaluations, community service, therapy, additional conditions of probation, and if convicted could remain under the Court's jurisdiction until they are 21 years old.
Ultimately, the penalties would be decided by the Juvenile Court Judge handling the cases, Cramer said.
Representatives from the Marshall County Animal Shelter did not return calls seeking comment. They are listed as the sponsor of the petition on the Web site.