Judge: Boy not mature enough to stand trial

The 8-year-old, accused of killing his half sister, will undergo more psychological tests.

TAMPA - A judge ruled Monday that an 8-year-old boy accused of bludgeoning his infant half sister to death is not competent to stand trial.

Hillsborough Circuit Judge Mark R. Wolfe said court-appointed doctors who evaluated the boy determined that he was not mature enough to stand trial on charges of aggravated manslaughter. But the judge said he wants doctors to spend more time with the boy to determine if he can receive training or counseling that can help him better understand court proceedings.

"There is a real issue of whether or not he's simply too young to be in court, and the judge wants to address that," said Marcelino Huerta, the boy's attorney.

The boy is believed to be among the youngest in the country to be charged with such a serious violent crime.

He is accused of throwing 7-month-old Jayza Laney Simms down the stairs of her parents' East Tampa home on May 22, then kicking her and beating her with a wooden board.

The boy was visiting his father, his father's girlfriend and their two daughters at the time. He told police he was mad because the baby wouldn't stop crying, so he hit her.

The baby's parents were outside their apartment when the beating occurred.

The girl's mother found the battered infant after the boy came outside and said she was bleeding.

She was pronounced dead on arrival at St. Joseph's Hospital.

The boy, who was 7 years old at the time, initially denied he'd done anything to the baby.

He later admitted to beating the girl.

On Monday morning, he sat quietly between his mother and uncle, and fidgeted with the zipper on his gray sweatshirt while attorneys talked about his case.

Huerta said the boy, who lives with his mother and uncle in Lakeland, is going to school.

"He has strong family support and seems to be doing fine," Huerta said.

Doctors must now determine if there are psychological factors other than lack of maturity that would interfere with the boy's ability to understand legal proceedings.

The judge is expected to make a further determination about the boy's status during an Oct. 12 hearing after doctors complete additional psychological evaluations.

Under Florida law, the judge has jurisdiction over a child who is ruled incompetent for two years, with reviews every six months to determine if he is competent.

After that two-year period, charges could be dropped against the boy, Huerta said.

"It's so rare to have a child of this age in court for something like this, and the statutes on juveniles just don't give much guidance," Huerta said.

--Candace Rondeaux can be reached at 813 226-3337 or rondeaux@sptimes.com

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