Fairview Heights shooting victim still unconscious; judge will decide if teens are tried as adults

The victim of a shooting at a Fairview Heights apartment complex has not regained consciousness since the attack, said Police Chief Nick Gailius on Saturday.

The two 14-year-olds accused of the shooting remained in the St. Clair County Juvenile Detention Center on Saturday.

The shooting happened Tuesday night at the Longacre Ponds Luxury Apartments complex. One of the teens shot the 21-year-old in the forehead as he was sitting in the driver’s seat of his vehicle, police said.

After the man was shot, the vehicle accelerated out of control and struck a large landscaping rock. The suspects then dragged the man from his vehicle and around the back of one of the apartment buildings, according to police. A witness reported hearing one of the attackers say, “Check his pockets.”

Prosecutors have filed paperwork to have the two teens face adult charges, St. Clair County State’s Attorney Brendan Kelly said Saturday. St. Clair County Associate Judge Walter Brandon, who presides over juvenile cases, will hear that request on March 9.

In Illinois, juveniles can be certified to face charges as an adult. If a victim dies during the commission of a murder and the perpetrator is 16, the perpetrator must face adult charges. But if the perpetrator is younger than 16, prosecutors must make a request to have the child face adult charges.

In making the decision whether to ask the judge for a minor to face adult charges, the law requires that prosecutor consider:

▪  the age of the defendant;

▪  the defendant’s history, including any previous delinquent or criminal history;

▪  any previous history of abuse or neglect; and

▪  the child’s mental and physical health and educational history.

They must also look at the crime itself. Prosecutors must weigh:

▪  the seriousness of the offense;

▪  whether the minor is charged through accountability;

▪  whether there is evidence the offense was committed in an aggressive and premeditated manner;

▪  whether there is evidence the offense caused serious bodily harm;

▪  whether there is evidence the minor possessed a deadly weapon; and

▪  whether the security of the public requires an adult sentence.

Police have said they believe the teens were buying drugs Tuesday evening, then tried to rob the 21-year-old man of drugs and cash. During the course of the robbery, the man was shot in the forehead as he sat behind the wheel of a burgundy sedan in the parking lot of the apartments.

Authorities have not released the identities of the victim or the alleged attackers.

The victim remained in critical but stable condition at a St. Louis hospital, Gailius said Saturday.

This story was originally published February 11, 2017 at 2:04 PM with the headline "Fairview Heights shooting victim still unconscious; judge will decide if teens are tried as adults."