Desoto Boy To Be Tried As Teen In Girl's Murder

Steve Pickett

A Desoto teenager celebrated his 15th birthday on Thursday, and his biggest present may have come from a juvenile courtroom.

Just one month ago, the teen faced years in prison for the death of six-year-old Katherine Frances. The girl had been slammed to the ground several times while in foster care at the boy's home. Prosecutors wanted the high schooler to be certified as an adult and stand trial for the murder of the girl.

However, juvenile probation specialists testified that the boy could be rehabilitated, that he should be held in juvenile custody and tried as a teen.

With just seven words, Judge Bill Mazur denied the call to prosecute the teen as an adult. "The petition for discretionary transfer is denied," Mazur announced.

The boy would have faced first degree murder charges. Now, three years (36 months) could be the minimal penalty for him as a juvenile under Texas law.

Frances died in December from severe head injuries. The Desoto teen is accused of slamming her to the ground.

Police in Desoto were not happy with the court's decision. "Killing a six-year-old child is killing. The child is still dead. I don't care. I don't think 36 months is an appropriate sentence," said Captain Ron Smith with the Desoto Police Department.

The teen's attorneys say that the right decision was made. "I don't think he can't be rehabilitated. That's required. It's a requirement, and no one knows what really happened here," said attorney John Read.

The boy's name is being withheld because he is a juvenile. His mother, Joyce Burks, would not comment. She also faces criminal charges, accused of injury to a child. According to police, Burks had enough time to get Frances to a hospital. Instead, she tried to cover for her son.

The teen remains in juvenile custody.