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Murder Sentencing for 9-Year-Old Delayed

Disagreement over psychiatric to blame

Updated: Thursday, 22 Oct 2009, 5:15 PM MDT
Published : Thursday, 22 Oct 2009, 5:15 PM MDT

PHOENIX, Ariz (AP) - Sentencing for a 9-year-old eastern Arizona boy who pleaded guilty to killing his father's roommate was delayed on Thursday because details of where the boy might receive psychiatric treatment -- required under the plea deal -- remain unresolved.

Judge Michael Roca also indicated he is now considering rejecting the plea agreement. Apache County Attorney Michael Whiting said that if Roca follows through, either the state or the defense or both will withdraw the deal and ask for a new judge.

But Whiting said he doesn't think that is likely, because the judge said money to pay for the boy's treatment is not a problem.  Whiting said earlier this week that funding problems would delay
the sentencing.

The boy was 8 when his father and the roommate were shot to death in St. Johns last November. The boy was charged with both killings, but pleaded guilty to negligent homicide in only the roommate's death.

The slayings of 39-year-old Timothy Romans and the boy's father, 29-year-old Vincent Romero, shocked residents of the small town of St. Johns because of the boy's age.

The boy, whose name has been withheld by The Associated Press because of his age, was charged with two counts of premeditated murder. Prosecutors alleged he used a .22-caliber rifle to shoot
the men as they returned home from work. Under the plea agreement, the boy pleaded to a reduced charge in Romans' death, and the charge stemming from his father's death was dropped.

He remains out of custody in his mother's care pending sentencing.

Terms of the plea agreement require the boy to be placed on intensive probation with psychiatric treatment and periodic reevaluations until he turns 18.

Whiting and defense attorney Ron Wood have said that the boy might have to be sent to an out-of-state program in order to receive intensive inpatient treatment. Both said earlier this week that it has been a problem getting agencies to commit the money to pay for that expensive treatment.

Several agencies, including the state Administrative Office of the Courts, later denied that they had refused requests for funding.

Roca ordered the attorneys to return for a follow-up hearing on Nov. 10.

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