Court proceedings continue for a 15-year-old accused of first-degree murder after a Jenks woman was found dead at her parents home.
Joshua Mooney’s trial continues Friday after key decisions have been made creating the opportunity to drop the murder charge. Mooney is charged with first-degree murder and second-degree burglary after Mary Escue was found with a fatal gunshot wound in her parents’ Jenks home last December.
Tulsa's Channel 8's community newspaper partner, the Jenks Journal, reported that back in May Special Judge Smith denied Chief Public Defender Jack Zanerhaft’s motion to suppress the evidence on the grounds of unlawful arrest. And in June, Mooney was bound as youthful offender instead of being tried as an adult.
If convicted, the Office of Juvenile Affairs will be given custody of Mooney. After he turns 18, he could be released or moved to adult prison.
Youthful offender status is harsher than juvenile status but still allows the youth the opportunity to be freed at 18. Youthful offenders cannot be sentenced to life in prison on a murder charge.
In a court document, Zanerhaft motioned to dismiss the first degree murder charge, because it subjects him to a potential life sentence without the possibility of parole, without the opportunity to present mitigating evidence.
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