|Updated: 10/28/2013 8:44 am
||Published: 10/25/2013 2:42 pm
A judge ruled on Friday that Joshua Mooney will be tried as an adult in the slaying of Mary Escue in Jenks.
"It's very gratifying," said Steve Kunzweiler, the chief of criminal division at the Tulsa County District Attorney's office.
Lead public defender Jack Zanerhaft had another opinion. "Obviously I'm disappointed," he said.
The Mooney case has both sides arguing even before it even goes to trial.
Mooney is accused of killing Escue last December at her parent's home in Jenks.
FOX23 aired a video earlier this week showing Mooney laughing, pointing a gun to his head, and making light of the murder he's accused of committing.
"It speaks for itself," Kunzweiler told FOX23. "It was disturbing to me, and I can't imagine the impact that had on the Escue family."
Defenders say the video has gotten too much attention.
Zanerhaft said it only shows one small piece of the puzzle.
"Here were just a couple of minutes of this kid on a video Skype conversation horsing around with fellow inmates," Zanerhaft told FOX23.
He said Mooney was "going along … to get along," meaning he was just trying to fit in.
He said it's the video offers no reason to try him Mooney as an adult.
"It's not that the public would not be protected. It's not that he would be let free when he was going to be 18. It's what type of facility he would be in, what type of treatment he would get," Zanerhaft told FOX23.
Because he was 14 when he allegedly committed the crime, Mooney was initially charged as an adult based on Oklahoma law.
law. However, the defense asked for a hearing to evaluate that decision.
"When you're 14, your brain is really not fully formed," Zanerhaft said.
The judge ruled in the defense's favor, but prosecution quickly appealed, and with the additional evidence the judge decided Mooney should be tried as an adult.
Zanerhaft said they will appeal the decision, but even if they don't win at appeal they still have a job to do in trial.
"The issue of what charge he may ultimately convicted of, what punishment if any, other legal issues … there are so many other things yet to be decided," Zanerhaft said.