Cases of two teen boys sent to juvenile court

Matt PordumLAS VEGAS SUN

Thursday, May 6, 2004 | 11:37 a.m.

Rocky Mendoza, who told police he accidentally shot his sister while playing with a relative's gun, appeared in juvenile court this morning.

Mendoza had agreed in Las Vegas Justice Court Wednesday to plead guilty to a charge of involuntary manslaughter in exchange for moving the case to Juvenile Court, but this morning Public Defender Phil Kohn said he was not yet ready to have the boy enter the plea.

Juvenile Hearing Master Stephen Compan declined to release Mendoza this morning, asking for a psychological evaluation and setting another hearing date for Monday.

"We're not dealing with a 9-year-old or an 8-year-old," Compan said. "We are dealing with a 15-year-old child. I do need more information about Mr. Mendoza."

Jake Reeder, who pleaded guilty Wednesday to involuntary manslaughter charges in the death of his best friend, also remained in the Juvenile Detention Center today after Compan asked for several evaluations, citing "community safety concerns."

Compan ordered Reeder to undergo a psychological assessment, an in-depth drug use history test and a gun risk assessment prior to his sentencing on June 1 before Voy.

Reeder shot his friend, 14-year-old Dustin Osborn, in the back of the head on April 21 while the two were "playing FBI" with a gun found in his Henderson home. The two also had smoked marijuana.

Mendoza on March 29 found the gun of a relative, purchased legally earlier in the day, and shot his 14-year-old sister Erica in the head. Metro Police said the shooting was accidental.

Both Reeder and Mendoza were charged initially with murder under a state law that says an unintentional killing that occurs while other crimes are being committed may be charged as murder. District Attorney David Roger has said that both situations also involved assault with a deadly weapon, aiming a firearm and drawing a firearm in a deadly manner.

Nevada law also requires anyone over 8 years old charged with murder or attempted murder to be treated as an adult. Reeder and Mendoza were originally booked into the Clark County Detention Center.

Kohn, who has defended both boys, disagrees with the state law.

"I've said it all along that treating juveniles as adults is wrong," Kohn said. "Fourteen- and 15-year-olds being held with adults is wrong. I've probably handled nearly a dozen cases of kids under 18 charged with homicide cases that were charged as adults. Seeing them sentenced to adult facilities and the damage they endure is more than troubling."

While Justice of the Peace Douglas E. Smith was prepared to release Mendoza to his family Wednesday, fear of a possible rules violation prevented him from doing so, he said.

"I'm inclined to release him, but in discussions with the juvenile system I could create error and I don't want to do that," Smith said. "I think some cases deserve special attention and we shouldn't pigeonhole this kid. I appreciate the state sending him to juvenile court. I want to release him, but I can't."

Although Kohn wanted to see Mendoza immediately released to his family, he believed the fact Mendoza was now being treated as a juvenile outweighed having to wait one day for his release.

Reeder, also, was denied immediate release from the juvenile facility after Compan said many questions still existed surrounding Reeder's state of mind and his home life.

"The fact that the (Reeder) family would leave a loaded gun in the house is ridiculous," Compan said. "This is a tragedy that should have been avoided and there is some parental responsibility when a boy is playing with a gun while stoned and skipping school."

Kohn and Deputy Public Defender Susan Roske asked Compan to release Reeder under house arrest, where an electronic bracelet would monitor him and he would face regular drug testing.

"Obviously we felt that with drug tests and house arrests he would be better served," Kohn said. "We're concerned about the damage done to this young man by his actions and his time in the detention center."

Compan rejected the home arrest request saying he couldn't be sure about how safe the home was and how closely Reeder would be monitored.

A teary eyed Reeder said he and Osborn were smoking marijuana and watching television on April 21 when the boys began talking about the FBI. The boys soon entered the kitchen and saw a gun on the counter, which Reeder said he believed was not loaded. Reeder said first Osborn used the gun to show him how FBI agents make arrests and then he did the same, which resulted in the killing of Osborn.

Deputy District Attorney Jonathan VanBoskerck wouldn't comment on what sentence the state was expecting for Reeder, but did say sentencing in the juvenile system ranges from a "judicial reprimand" to keeping juveniles incarcerated until they turn 21. VanBoskerck said most juveniles serve six months to a year.

The possible punishment for second-degree murder is 10 years to life in prison, with an equal sentence possible for the use of a deadly weapon.

Osborn's mother, Andrea Glasser, used her opportunity to speak during the hearing to urge the state to make sure Reeder was held accountable for his actions, whether accidental or not.

"I love Jake," Glasser said, "but he needs to pay the consequences.""