HONOLULU (KHON2) — Honolulu police are still investigating the fatal shooting in Maili that happened at an illegal chicken fight, according to investigators.
Officials said 23-year-old Jacob Borge and a 16-year-old boy turned themselves in on Tuesday, April 18 in connection to the first-degree murder case.
Honolulu police on Tuesday released the name and photo of the 23-year-old suspect who investigators believe was involved in the shooting that left two dead and three injured — but not the juvenile.
First-degree murder is Hawaii’s most serious offense, and retired judge Randal Lee said it is not a stretch that the minor could be charged as an adult.
“So, the family court will make the final determination; but the initial determination is done by the prosecuting attorney’s office after they have reviewed not only the criminal history, but the event,” Lee said.
Defense attorney Megan Kau — who is not involved in the case — agreed.
“It would be very easy to waive jurisdiction, especially because this is murder in the first degree,” Kau said. “And, he will most likely be charged in First Circuit Court as an adult.”
She pointed out that age is relevant to juries in some cases.
“Murder in the first degree, however, is not dependent on the defendant’s age; and, therefore, it’s not likely that the jury is going to hear that he’s a minor,” Kau said.
Lee said the main determining factors in charging a juvenile as an adult are the seriousness of the crime and the defendants prior run-ins with police.
KHON2 asked Lee, “What could happen if a minor had no criminal history but was accused of a horrific crime?”
“They could still be waived,” Lee said. “You know, just because you don’t have a criminal history doesn’t mean you haven’t been engaged in criminal conduct. You don’t need both. The court will weigh these factors and make that determination.”
Kau pointed out judicial consistency needs to be considered because the codefendant is an adult.
“And, so, the court is probably going to look at that factor and say, ‘Well, we want to keep the case together and we want it to be consistent,'” Kau said. “And, so, that will be a factor that weighs heavily in waiving jurisdiction.”
Check out more news from around Hawaii
According to Honolulu police, Borge was charged with first- and second-degree murder, attempted murder and several firearms offenses. Petitions have also been filed for the juvenile to face all the same charges.