An 11-year-old in Centennial, Colorado, has been charged with first-degree murder in the death of his 5-year-old brother, but state law prohibits trying someone that young as an adult. The case will proceed in juvenile court, where sentencing and procedures differ sharply from adult court. If designated an aggravated juvenile offender, the youth could face three to seven years in the Division of Youth Services; without that designation, the juvenile maximum is typically two years. The incident has deeply affected the local school community and the investigation is ongoing.
11-Year-Old Charged in Brother’s Death Cannot Be Tried As An Adult Under Colorado Law
11-year-old accused of premeditated murder in brother’s death can’t be tried as adult, former DA says
An 11-year-old boy in Centennial, Colorado, has been charged with first-degree murder in the death of his 5-year-old brother. Arapahoe County deputies responded Tuesday evening to a report of a child’s death at a home in Centennial; when they arrived they found the younger child deceased. By the following day, investigators had identified the older brother as a suspect and announced a homicide investigation. Authorities have not released the cause of death.
The juvenile suspect is being held at the Marvin W. Foote Youth Services Center in Centennial. Officials emphasized there is no ongoing threat to the community and said many details are being withheld because both children are minors.
Legal Limits Under Colorado Law
Colorado law sets the minimum age for transfer to adult court at 12, which means an 11-year-old cannot be prosecuted as an adult. As a result, the case must proceed through the state juvenile justice system rather than the adult criminal courts.
Sheriff Tyler Brown: "Our hearts go out to the family of these two young boys and to everyone in our community who is grieving this loss. Cases involving the homicide of children are among the most difficult our deputies and investigators face. Our team is fully committed to a thorough investigation."
Possible Outcomes in Juvenile Court
Legal analysts say the juvenile process and sentencing differ markedly from adult court. Former 18th Judicial District Attorney George Brauchler and other commentators noted that if prosecutors designate the child an aggravated juvenile offender (AJO), the youth could face up to three to seven years in the Division of Youth Services. If prosecutors do not pursue an AJO designation, the maximum custodial sentence under juvenile procedures could be up to two years.
District Attorney George Brauchler talks to the media May 18, 2016, at the Douglas County Justice Center.(Getty Images)
George Brauchler: "Because this kid is 11, he can never be prosecuted as an adult under Colorado law. The law says you can’t prosecute him as an adult, which means this has to be resolved in juvenile court under Title 19, which is designed for rehabilitation."
Brauchler also noted that the legal concept of premeditation under Colorado law does not require a long period of planning; it can occur in a matter of seconds. He added that parole or review options could potentially arise after some time in custody, depending on the designation and the Division of Youth Services rules.
Community Impact and Next Steps
The incident has deeply affected the local school community. Timberline Elementary principal Mary Bowens emailed parents to notify them of the unexpected death of a kindergartner, without naming the child, and said the school would not initiate classroom discussions but would support students who raise questions or concerns.
Because the victim and the accused share the same parents, the case presents additional emotional and legal complexity; a court-appointed representative may be assigned to protect the interests of all parties. Fox News Digital and local news outlets reported on comments from legal analysts and the sheriff; the school district and the district attorney's office were contacted for comment.
What Comes Next
The investigation remains ongoing. Prosecutors will decide whether to pursue an aggravated juvenile offender designation and other juvenile procedures. Any charging decisions and future hearings will be governed by Colorado juvenile law and by confidentiality rules that protect the identities and records of minors.
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