StopDirectFile.org applauds the recent decision of Colorado Springs Judge David L. Shakes to try Daniel Gudino as a juvenile for the alleged murder of his younger brother. Presiding over a request by the District Attorney’s office to transfer Gudino to adult court, the defense prevailed in their argument to keep Gudino, who was 13 at the time of the murder, in juvenile court.

This is the way justice is supposed to work. Gudino isn’t some monstrosity that requires monstrous vengeance, he’s a boy; someone who may have committed a horrible crime–a mistake that, if he is guilty, he will have to live with for the rest of his life. Children are different from adults. There is an enormous body of research that shows children are incapable of making adult decisions. As a state, Colorado recognizes that children do not reach “the age of majority” until they are 18. They cannot:

enter[sic] into any legal binding contract (13-22-101(a))

manag[e an] estate (13-22-101(b))

[sic] sue or be sued to the full extent (13-22-101(c))

mak[e] decisions regarding his or her own body (13-22-101(d))

vot[e] in elections (Const. US., amendment XXVI)

arbitrat[e] a claim (13-22-202)

consent[sic] to medical treatment (13-22-102)

join[sic] the military without guardian permission

It is recognized that parents are responsible for their childrens’ actions and yet, we treat children as if they were adults when they commit a crime. The fact is that many of those crimes would not have occurred if those children were adults. Daniel Gudino probably wouldn’t have had the opportunity to kill his brother had he been an adult. Judge Shakes made the right decision and did the right thing. Unfortunately, the only reason he was able to do the right thing was because Daniel was only 13 when the alleged murder occurred. Had Daniel been one year older, the District Attorney would not have had to request a transfer. The DA could have forced the judge’s hand through his ability to direct file.

We don’t pay judges to lay down and agree with the prosecution out of hand, just because the DA saw fit to file charges.  We pay judges to uphold justice and that is exactly what Judge Shakes did.