A vape cartridge, a fight, a gun: Teen gets life in prison after fellow 15-year-old slain

A 15-year-old in Pinal County was sentenced to life in prison in the killing of another 15-year-old, reportedly over a vape cartridge.

The case is one of 175 in 2021 that a person under 18 faced adult prosecution in Arizona in a violent crime.

In interviews with The Arizona Republic, both the victim and defendant's families described generous and beloved teenagers whose lives were cut short.

In May, a Pinal County jury found Joshua Franklin, 16, guilty of first-degree murder and burglary. He was sentenced June 22 to life in prison for homicide and 10.5 years for burglary, to be served consecutively. Franklin can be evaluated for supervised release after 25 years, and if deemed eligible, he can be freed after serving a 10.5 year sentence for burglary.

Arizona formally abolished parole in 1993. A prisoner must petition the Arizona Board of Executive Clemency to be released. The board can recommend a pardon or commutation from the governor.

The prosecution alleged that, in September 2021, then-15-year-old Franklin shot and killed Joshua McCoy, 15, in McCoy’s San Tan Valley home. According to court documents, police said McCoy had sold Franklin a vape cartridge that Franklin thought was defective.

Investigators reported that McCoy had sent Franklin his home address shortly before the shooting. The two reportedly met to swap the defective cartridge for a working one.

McCoy’s older brother was home at the time of the shooting. The shooter fled on an electric scooter.

According to the Pinal County Attorney’s Office, investigators tracked Franklin’s movements using his cellphone and Snapchat data.

Franklin turned himself into police custody on Oct. 20, 2021. He was initially held at a juvenile detention center. Shortly before the trial, he was transferred to an adult jail in Pinal County.

When 15- to 17-year-olds are tried as adults

In Arizona, juveniles 15 years or older who are accused of certain felony crimes are charged as adults. In 1996, during a nationwide push for harsher sentencing laws, Arizona voters approved a constitutional amendment mandating adult prosecution for murder, forcible sexual assault, and armed robbery.

Deterrence is often touted as a foundational principle of criminal justice, but there is little evidence that long sentences prevent recidivism in children. A longitudinal study the University of Pittsburgh conducted on juvenile offenders in Maricopa County and Philadelphia County found that more severe punishment did not reduce the chances of reoffending.

The process of automatically charging juveniles in adult court is known as “direct filing.” According to a state report, direct filings hit a high of 804 in 1999. In 2021, there were 216 direct filings, 175 of which were for “felonies against persons.”

In 2021, of juveniles directly charged in adult court, 50% were Hispanic and 19% were African American.

When tried in adult court, juveniles face harsh sentences in adult prisons.

“It's very traumatizing for a young person to be put into an adult prison setting with older individuals ― their risk of physical harm, their risk of psychological harm,” said Marsha Levick of the Juvenile Law Center.

Though youth can be taken into account as a mitigating factor, it does not necessarily result in a more lenient sentence.

A 2012 Supreme Court case, Miller v. Alabama, struck down mandatory sentences of life without parole for juvenile offenders convicted of homicide. But, in 2020, the Arizona Supreme Court upheld juvenile sentences beyond life expectancy.

Supreme Court decisions regarding juvenile justice, including Miller, have cited developmental neuroscience, arguing that it explains impulsive adolescent behavior.

Two families torn apart by violence

Both the McCoys and the Franklins have had to come to terms with the aftermath of Joshua McCoy's death.

Joshua McCoy was a sophomore at Poston Butte High School, where he played on the basketball team. His mother, Gina McCoy, said he would bring extra water bottles and snacks for his teammates.

The McCoys had three dogs, which Joshua McCoy doted on.

“He wouldn’t kill a fly,” Gina McCoy said.

When he was younger, Joshua McCoy wanted to be an astronaut. In high school, he turned toward social media and website design.

For Gina McCoy’s other son, who was home at the time of the shooting, recovery has been slow but steady. Gina McCoy said their family moved out of their San Tan Valley residence, and, after transferring schools, her son recently graduated from high school.

The June 22 sentencing of Joshua Franklin brought the McCoys some measure of relief. But Gina McCoy felt compassion for Joshua Franklin and his family.

“I know what it’s like to lose your child,” McCoy said. “At the same time, they are still able to speak to their son.”

Joshua Franklin’s father, Michael Franklin, believes his son is innocent. He said that, in his view, police did not adequately investigate other potential suspects.

He wanted to express his condolences to the McCoys.

“I am just totally devastated for them, but my son did not do this,” Michael Franklin said.

He described his son as a “good kid.” Joshua Franklin had been home-schooled. He loved history and was interested in the Civil War.

Michael Franklin said his son had planned to enter a more hands-on profession, like carpentry or welding.

While being held at a juvenile detention center, Joshua Franklin earned his high school equivalency diploma. He’s now pursuing an associate degree.

Joshua Franklin is currently appealing his case in state court.

This article originally appeared on Arizona Republic: Joshua Franklin sentenced to life in prison in death of Joshua McCoy