ST. JOHNS - An Apache County judge will consider whether to dismiss one of two murder charges against a 9-year-old boy at a hearing this week.
In an order filed Monday, Apache County Superior Court Judge Michael Roca says the prosecutors' motion will be considered during a status conference on Thursday in St. Johns.
The boy faces two counts of premeditated murder in the Nov. 5 deaths of his father and another man. Prosecutors want Roca to drop the charge stemming from the death of the boy's father, 29-year-old Vincent Romero.
If Roca grants the motion, it would allow prosecutors to refile the charge when the boy is older and try him as an adult.
Roca had said he wouldn't rule on the motion until the boy's competency is determined. The state Court of Appeals said last week that nothing precludes Roca from doing so.