MOUNT PLEASANT, Pa. — The defense attorney of a 14-year-old boy who charged with an adult criminal homicide for the death of his friend, 13, asked the judge Thursday to consider moving the case to juvenile court.
James “J.R.” Gustafson was shot and killed inside a Mount Pleasant home this past march and his friend, John Burnsworth, is being charged as an adult in murder.
Burnsworth’s attorney asked the judge to consider moving the case into juvenile court.
"He's a 14-year-old juvenile with an IQ of 85 and never been in any trouble before, and I think that by itself gets in juvenile court," Defense attorney Richard McCague said.
Gustafson’s mother, Leah, believes differently.
"I don't think he should be in juvenile court at all because he knew what he was doing," Leah Gustafson said.
Burnsworth’s attorney said he is struggling day by day and getting counseling and on medication for dealing with killing his friend.
The gun owner, Joshua Hudec, and the babysitter, Brooke Nelson, are also facing criminal charges as a result of the shooting.
"Other people were involved in this. Other people were negligent or criminally responsible… I don’t want to throw slurs at anybody, but several adults could've done better," Leah Gustafson said.
J.R.’s mother told Channel 11 that an owner’s guns needs to be locked up to help prevent this from happening.
"You just need to lock up your guns and save a life because it could be your kid, dad, mother, friend, whoever. You just need to lock up your guns and save a life because it could happen to you. It happened to my son," she said.
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