Mooney to be tried as an adult

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Reported by: Sara Whaley
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.

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The views expressed here do not necessarily represent those of KOKI FOX23 - Tulsa

karlschneider - 10/26/2013 4:42 PM
0 Votes
He is just one of the millions of subhuman pieces of filth that really should just be put down without any ceremony like a typical rabid animal. He would never be anything but a scourge on society, and the world in general. There's no shortage of adolescents, we shouldn't worry much about thinning them out when it's appropriate.

Gregg777 - 10/26/2013 9:01 AM
1 Vote
RE: Unwashedmass's comment. The recording at the beginning of the video and or any phone calls informs the caller on both ends that the calls will be recorded and monitored. And this is done for a number of reasons. For example a phone call from this kid goes unmonitored and the call was him telling a friend to kill a witness etc. I dont think you need to be a rocket scientist to figure out the impact of not monitoring the calls/videos. And BTW the video was posted from the other end being recorded by a smart phone and then showed off to others. Unfortunatley it ended up in the wrong hands. Know the facts is just one thing, being capable of understanding them is another. Thank God for a few intelligent people in our world.

katiedidittwo2 - 10/26/2013 12:45 AM
1 Vote
No the brain is not fully formed but their morality and values in life have pretty much been set by their teenage years. It is behavior that should have been learned in their adolescent years. The young man apparently does not empathy for others and being without emotion for others can or could lead to more tragic incidents. I thik the judge got it right this go round.

pirate - 10/25/2013 3:48 PM
0 Votes
thought all right are thrown out the door when you're in jail????

pirate - 10/25/2013 3:47 PM
0 Votes
thought your rights are waived when your behind bars?

Unwashed Mass - 10/25/2013 3:21 PM
1 Vote
Did anyone address the wiretapping of the video call he made in jail? Think that might be a federal civil rights violation that could taint the trial.
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