Judge decides if 15-year-old Kennewick murder suspect should be tried as an adult
A 15-year-old boy will face adult murder charges for allegedly shooting another teen over vape pens, marijuana and rolling papers.
Judge Joe Burrowes allowed Hector Pantoja’s case to be moved out of Benton-Franklin Juvenile Court after a two-day hearing.
Prosecutors showed moving the case is in the best interest of the public, the judge said at the end of his recently filed 52-page decision.
Deputy Prosecutor Kristin McRoberts said they are finishing paperwork before it’s filed in adult court.
State law requires a judge to decide whether a 14-year-old can be charged as an adult based on eight factors including the seriousness of the crime, the merit of the case, the teen’s maturity and how much they would benefit from juvenile rehabilitation rather than adult prison.
Pantoja was 14 when he allegedly got into the backseat of Julian Chavez’s Toyota Prius on Oct. 29, 2022, and opened fire, according to court documents.
Investigators have said that the bullets went through the backseat, hitting Chavez. The teen died at the scene.
Pantoja was arrested two weeks later after police surrounded the car he was in on the cable bridge.
He was charged with first-degree murder in juvenile court.
Prosecutors also have asked for Pantoja’s co-defendant, Victor Ariel Cervantes, 15, to be tried as an adult as well. A hearing is scheduled for Oct. 12.
Robbery turned murder
Pantoja and Cervantes were both 14 when they devised a plan to rob someone delivering drugs, according to court records. Investigators allegedly found a series of Instagram messages between the two teens about committing the robbery.
Investigators believe Cervantes, using an Instagram account associated with his phone, contacted Chavez about buying a quarter ounce of marijuana, flavored vape pens and rolling papers.
Chavez went to the 1100 block of West Fifth Avenue about 9:15 p.m. and messaged Cervantes that he had arrived.
Video surveillance shows two teens walk toward where Chavez had parked.
Cervantes is seen walking away from the car while it heads west on Fifth Avenue, while investigators believe Pantoja got into the back seat of the car.
The video shows muzzle flashes from gunshots. Then the Prius moves forward and another flash is seen before it hits a parked car.
It’s believed Pantoja then got out of the rear seat of the car and walked away, according to court documents. Chavez was found dead inside.
The Washington State Patrol Crime Lab found the bullets pierced the back of the driver’s seat. At least one .45 caliber round was found in the back seat and several shell casings were found.
Investigators say DNA from Pantoja and three other people, was found on the rear driver’s side door.
He was arrested in November 2022, and a search of the home he was staying at turned up a .45 caliber XD Springfield handgun. The shells inside matched ones found at the murder scene, say officials.
Gang violence
Prosecutors argued that Pantoja acted in a calculated manner. He allegedly helped plan the robbery with Cervantes, and after the shooting, he bragged about it on social media.
“Mr. Chavez was senselessly gunned down at the age of 19 over $100 in vape pens, marijuana and rolling paper,” prosecutors argued. “Hector Pantoja had no prior connection to Julian Chavez. In that sense, Julian Chavez’s murder was the result of an indiscriminate act of gang violence.”
They also noted that Pantoja’s DNA was found on the interior handle of the rear driver’s side door.
Prosecutor Eric Eisinger initially argued that there is no evidence that Pantoja was below average intelligence or lacked normal social skills.
Defense attorney Brian Hultgrenn argued Pantoja and the community would be better served by keeping him out of the adult prison system.
“Putting Hector in a place where he will be exposed to a large number of older inmates, many of whom are life-long criminal offenders, there is a 16% greater likelihood that any juvenile offender including Hector would offend upon release if the juvenile court does not retain jurisdiction,” he said, quoting criminology research.
This was backed up by forensic psychologist Nathan Henry who said the teen found stability by joining a gang after his parents split up.
Henry said the teen lacked the ability to understand how gang members manipulate youth into joining, and that his low sophistication presented an opportunity to rehabilitate him.
Burrowes found most of the factors weighed in favor of trying Pantoja as an adult, though he did say that the teen’s lack of maturity did weigh in favor of keeping the case in juvenile court.
His written response didn’t provide any more details about his decision.
