Father released from jail while prosecutor weighs whether to cha - ABC 12 – WJRT – Flint, MI

Father released from jail while prosecutor weighs whether to charge

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(02/05/13) - Genesee County Prosecutor David Leyton hopes to have a decision soon in the case of the Clayton Township father accused of shooting and killing his son.

The father has been released from jail while Leyton weighs whether he will charge him.

Police say he shot his 17-year-old son once, in the stomach, following a violent family argument at their Plainview Drive home Sunday.

ABC12 is not using the father's name because he has not been charged. Police have not released the son's name.

Court records show the teen had a violent past, was charged several times, went through testing and was deemed incompetent several times. That is, he couldn't assist his attorney in his defense.

The only option for the court was to dismiss the cases and it did at least three times.

A new law taking effect next month addresses situations like his and what some call a serious flaw in the system.

"In the adult system, we send somebody to the forensic center and get them competent if that's possible," Leyton says. "The juvenile system doesn't have that. It's like this black hole."

Leyton says the new law creates some better standards and procedures in cases where a juvenile is deemed incompetent, but it doesn't fix the problem.

"Where do we send a juvenile who is deemed incompetent? We still don't have anywhere in the state of Michigan for that," he says.

In this teenager's situation, family court records show his parents repeatedly said they couldn't control his delinquent behavior.  He was charged, in violent attacks against female family members, at least three times since July of 2011.

Clayton Township Police Chief Scott Pavlik says the boy's father shot him, Sunday, when he was physically attacking his sister and mother.

"The brother got upset over a comment the sister had made and it kind of set him off," Pavlik says. "They have a handicapped brother in the house and he (the deceased teenager) ended up throwing his wheelchair across the living room. The mom could see he was getting out of control, which has happened in the past. She tried to intervene and with that he began assaulting her. The daughter tried to help and he began assaulting both of them."

Pavlik says the dad was in a bedroom, heard the arguing and came out with a handgun.   

"There was a calm, maybe, in the fight, which allowed him to get a shot and he shot," Pavlik says.

All firearms have now been removed from the family's home while Leyton decides whether he will charge him in his son's death or rule the shooting justified.

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