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DA wants to try two juveniles as adults in Raleigh slaying

Posted August 22, 2012

— The Wake County District Attorney's Office is seeking to try a 15-year-old and a 13-year-old as adults in the shooting death of another teen last week.

District Attorney Colon Willoughby said Wednesday that his office has filed notice of intent and that a probable cause hearing has been set for Aug. 30.

The two juveniles, whose names haven't been released, were arrested Friday in the Aug. 15 killing of Fernando Garibay-Benitez outside the Lexington on the Green apartments on Rolling Green Court in north Raleigh.

Benitez, 16, was a rising sophomore at Millbrook High School in Raleigh.

Investigators haven't released a motive for the shooting.

57 Comments

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  • wcnc Aug 23, 9:30 a.m.

    "Why even have juvenile courts if you want to make all children suffer adult consequences?"

    Juvenile courts deal with all sorts of crimes, but some, like murder, are better dealt with in "adult" court...

    "Steal a pencil from Food Lion at age 8? SORRY Thats a shoplifting charge young man, 2 years in lockup!"

    You are so ignorant of the juvenile court system. That's absolutely NOT how it works.....

    "How sad that America is so backwards and bloodthirsty."

    Exactly how would YOU suggest we treat murderers?

    "A police state with a lack of compassion and yet the crime rate still goes up and up and up..."

    We are far from a police state.... And it is not up to the police to PREVENT crime. There is some responsibility that lies with parents as well. And we also need to blame the CRIMINALS, who are the ones who cause the crime rate to go up...

  • torchhappysean Aug 23, 8:47 a.m.

    According to Juvenile law, have them imprisoned until 21. After 21, there record is wiped clean, and any crimes commited after "that they can be tried as an adult. But under no circumstances should a juvenile be tried as an adult, they are kids not adults."...rk1115....

    So let me get this straight... You feel that they should only be imprisoned for 8 yrs (for the 13 yo) or better yet only 5 yrs (for the 15yo) for murder, then they should be turned back out on the streets and their record wiped clean??? That is in NO WAY adequate punishment enough for taking someones life is it???

  • shortcake53 Aug 23, 8:08 a.m.

    Monca, the "bloodthirsty" crowd you speak of cant read this right now, as they are in jail, where they belong. To equate stealing a pencil with murdering someone takes a very misguided perspective. Yes, they deserve to be tried as adults, since they chose NOT to act like children.

  • Coretta Scott Thing Aug 22, 7:56 p.m.

    A 13 year old to be tried as an adult? THIRTEEN YEARS OLD? Why even have juvenile courts if you want to make all children suffer adult consequences? Steal a pencil from Food Lion at age 8? SORRY Thats a shoplifting charge young man, 2 years in lockup! How sad that America is so backwards and bloodthirsty. A police state with a lack of compassion and yet the crime rate still goes up and up and up...

  • rhondademetria Aug 22, 5:34 p.m.

    I am always sad when anyone decides to resort to taking the life of another. My respects to the families, all of them! This is a grievous time for all the parents. With that being said,I plead with the family of these boys (deceased and the accused) to speak out against gang violence. Be truthful in the matter...all these boys, the deceased included were/are gang members! They have no respect for themselves, nor the their families! They go into these senseless gangs, knowing that they stand for BLOOD IN-BLOOD OUT (THEY BLEED WHEN JUMPED IN, THEY WILL BLEED WHEN KILLED OUT!) I know that all parties involves are/were near and dear to those who love them, but if they all speak out and tell the truth, and the truth of the matter is-ALL OF THEM-YES,ALL OF THEM WERE AND ARE GANG MEMBERS, PERIOD!I only pray that they all believe in JESUS! Cause at the end of the day, what we think the punishment should be doesn't matter..GODS JUDGEMENT IS THE ONLY JUDGEMENT THAT MATTERS!

  • southerntalent Aug 22, 5:20 p.m.

    old enuf to point a gun and pull the trigger,old enuf to be tried as a capital case

  • whatelseisnew Aug 22, 4:58 p.m.

    "they cannot be sentence to life in prison or sentenced to death, which the US SupremeCourt ruled."

    Yep, another foolish ruling by this court. Under this court you have essentially lost your property rights, your freedom to decide whether or not you want health insurance and some of your protection from murderers, plus the States have been told the fact that the Federal Government is allowing an ongoing invasion is none of their concern. I am glad these killers are being tried as adults. It is a shame that they will not receive the appropriate punishment, which is to be removed from the planet.

  • daughters of anarchy Aug 22, 4:55 p.m.

    Relax... you'll just feel a little sting and then it will all be over...

  • bill0 Aug 22, 4:22 p.m.

    "they cannot be sentence to life in prison or sentenced to death, which the US SupremeCourt ruled."

    This is not true. Minors cannot be executed. They also cannot be automatically given life sentences. The judge/jury needs to have the option of giving a lesser sentence based on the facts of the case. The judge/jury is still allowed to deliberate and decide to give a minor a life sentence.

  • shortcake53 Aug 22, 4:17 p.m.

    They thought they were adult enough to steal a car, drive all over, then kill someone. Dont cry "little boy" now, WAY too late for that. You wanna be all grown up, you got it.

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