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Judge settles issue of educating St. Johns boy

The Associated Press

April 30, 2009 - 8:17PM

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FLAGSTAFF - After months of debating the issue, defense attorneys for a 9-year-old boy accused in a double homicide now know how their client will receive an education.

Apache County Superior Court Judge Michael Roca settled the matter Thursday, saying the boy will be educated through the county juvenile detention center. Those services are expected to continue until at least the next hearing in the case, which is scheduled for May 21.

Lawyer: 9-year-old killer needs schooling

The boy is out of custody pending a sentencing hearing, which hasn't been set.

Defense attorneys had been pushing for the boy to be tutored through the school district, while county attorney Michael Whiting was hopeful things could stay as is pending results of pre-sentencing evaluations.

"Hopefully he'll be able to take advantage of the opportunities he has in there and learn from it," said defense attorney Benjamin Brewer.

Whiting's office said he was unavailable for comment, citing a gag order in the case.

The boy was a third grader at a St. Johns elementary school before he was arrested in the Nov. 5 shooting deaths of his father, 29-year-old Vincent Romero, and his father's roommate, 39-year-old Timothy Romans. He pleaded guilty in February to negligent homicide in Romans' death, and prosecutors agreed to drop a charge of premeditated murder stemming from Romero's death as part of a plea deal.

The plea agreement prohibited the boy from enrolling in any public or private school unless evaluations determine that he doesn't pose a threat to himself or anyone else. Two experts have evaluated the boy, but the findings haven't been submitted to the court, Brewer said.

The boy hasn't been formally educated since his arrest, and it's unclear how often he would receive schooling at the detention center. A court spokeswoman, Billie Hoover, said it would be a couple of hours in the afternoon and likely wouldn't include weekends.

Brewer said the boy won't receive any credit for the hours he is educated, but that wasn't as important as making sure he continues to learn.

"We'll see how this goes," he said. "We certainly wanted more and wanted it different. If we can't get that, this will have to do for now."

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