A juvenile who is charged with murder in connection to a November homicide in Virginia Beach was ordered to remain in detention on Monday after requesting to be put under house arrest to await trial.
Virginia Beach Juvenile and Domestic Relations Court Judge James Normile IV commended the 17-year-old defendant for his good behavior during his stint in detention, but denied his request to be released from the Virginia Beach Juvenile Detention Center after the prosecution presented the initial evidence in the case. Assistant Commonwealth’s Attorney Andrew Rice said while the defendant did not pull the trigger in the death of 21-year-old Richard Cantey, he was an active participant in the shooting and therefore shouldn’t be placed under house arrest.
Authorities previously disclosed little information about the homicide, but lawyers provided additional context about the shooting during Monday’s hearing in juvenile court, which The Virginian-Pilot and Daily Press filed a motion to be able to attend.
Rice said the 17-year-old and his 15-year-old friend, the co-defendant, planned to buy marijuana from Cantey prior to attending a vigil for someone else’s death. Both the 15-year-old and Cantey had firearms, according to Rice. During their meeting with Cantey on Nov. 5, the 15-year-old pulled out his gun and threatened to rob Cantey. The 17-year-old “prevented (Cantey) from defending himself,” Rice said.
After the 15-year-old shot Cantey, the 17-year-old then allegedly took Cantey’s gun from him, Rice said. At some point the two teens then changed their clothes in an attempt to avoid being found, Rice said.
The two teens, both from Virginia Beach, are charged with murder and attempted robbery, but the 15-year-old is additionally charged with use of a firearm in the commission of a felony while the 17-year-old is additionally charged with possession of a stolen vehicle.
A reporter for The Pilot and Daily Press was told a prior hearing in the case was closed to news media. The newspapers filed a motion for access on Nov. 30. The newspapers argued that the issue of court proceedings being open when they involve a juvenile over the age of 14 being charged with a crime that would be a felony is not up to the court’s sole discretion, rather by statute the proceedings are “presumptively open.”
In a hearing on Friday, Normile granted the newspapers’ request for access under the condition that they not publish any identifying information, medical history or criminal records of the defendants learned “as a result” of attending court proceedings. This order remains in effect while the case is still in Juvenile and Domestic Relations Court, but will be lifted if the case is transferred to Circuit Court.
There will be a hearing for the 17-year-old in April to determine whether his case can be transferred to Circuit Court, where he would be tried as an adult. A separate determination will have to be made for the 15-year-old.
If the judge rules that there is probable cause to charge the two as adults, the case will be transferred to Circuit Court and go before a grand jury. If the grand jury indicts, their names will be made public, explained Macie Allen, a spokesperson for the Virginia Beach commonwealth’s attorney.
Gavin Stone, 757-712-4806, email@example.com