Teen wants his assault, robbery case moved from adult to Juvenile Court

IOWA CITY — A 17-year-old, who is charged in adult court for robbing and assaulting a man — fracturing his orbital bone — last month in Mercer Park, asked a judge Wednesday to transfer his case to Juvenile Court.

A Johnson County Juvenile Court officer, during a transfer hearing, testified he recommended the defense’s motion be denied because Malachi Thomas will turn 18 in January, which would limit what Juvenile Court Services can offer. If he was transferred, he would be sent to the Iowa State Training School in Eldora, but his rehabilitation and any treatment could end when he turns 18.

Thomas is charged with first-degree robbery, a Class B felony, and willful injury causing serious injury, a Class C felony. If convicted, he faces up to 35 years in prison.

According to a criminal complaint, Kevin Burns was walking through Mercer Park in Iowa City on June 3, when Thomas and three 16-year-olds started following Burns in the park and then attacked him, punching him multiple times in the head. He was knocked to the ground and Thomas stole his cellphone and money out of his pants pocket.

Burns had a “blowout” fracture to his right eye orbital, causing blurred vision and unsteady balance, along with multiple cuts and bruises. He was taken to the hospital for his injuries.

A witness who lived across from the entrance of Mercer Park, called police about a man, later identified as Burns, who rang his doorbell. Burns was lying on his front porch, “badly beaten and bleeding,” according to a search warrant.

Another witness who lived near the park told police he heard someone yelling for help and saw people fighting. He went inside and called 911 but by the time he went back outside, everybody was gone.

Police identified the four suspects from surveillance video from the park.

The three other teens, based on their age and other factors, will be adjudicated in Juvenile Court.

21 juvenile delinquencies

During Wednesday’s hearing, Christopher Arenas, a Juvenile Court officer, testified he reviewed the police reports, talked with the lead detective in the case and Thomas’ Juvenile Court officer in Woodbury County, where Thomas has resided most of his life. He learned Thomas has had 21 delinquency charges in Juvenile Court and CINA — child in need of assistance — cases in Woodbury County.

Thomas had a “tumultuous and chaotic” childhood, Arenas said based on Iowa Department of Health and Human Services and Juvenile Court records. He didn’t have a relationship with his father and his mother had mental health and substance abuse issues. He was put into the foster care system and remained in the system over seven or eight years. He lived in more than one foster home.

He was never adopted because he was a member of the Omaha Tribe of northeastern Nebraska and western Iowa and they wouldn’t allow him to be adopted, but the tribe never found him placement, Arenas said.

Thomas was placed in residential facilities for delinquencies but absconded from all three. About three or four months after his last one, he was arrested in the Iowa City case.

Sarah Hradek, Thomas’ lawyer, asked if juveniles usually acted together — giving into peer pressure — to commit crimes.

Arenas agreed but pointed out that Thomas had displayed “aggressive and assaultive” behavior in other incidents without any other juveniles participating with him.

If Thomas was waived into Juvenile Court, he would be sent to the training school and could receive services until he turns 19-1/2 years old, Arenas said. Thomas would have to be sent there before he turns 18 in five months.

If placed at the school, he could receive his medication and treatment for substance abuse. He could also receive his GED, which is now called HSED — High School Equivalency Diploma in Iowa.

First Assistant Johnson County Attorney Susie Nehring asked if Thomas could be discharged from the training school before he was 19 1/2.

Arenas said he could. About six to nine months is the average stay. Once an individual turns 18, the school would have to petition the court to extend the stay and the student would have to be pursuing a course of study to remain.

Arenas said, in Juvenile Court, they have limited sanctions if someone is non-compliant. There isn’t a parole option as in adult court.

He recommended the court deny the motion for reasons he stated and also based on the nature and circumstances of this crime. Police shared a video with Arenas, which was recorded by Thomas on his phone. The video shows Thomas participating in the assault of Burns, who is being kicked and beaten while he is on the ground. Burns is bleeding “profusely” and his eye is badly injured, Arenas said.

Burns recently had surgery on his orbital bone and Burns didn’t know, at this point, if he will have long term issues from this attack, Arenas said.

Defense argues system failed

Hradek, during her argument, acknowledged his many juvenile delinquencies for offenses throughout his teens and his recent assaults on juvenile detention staff, but she said the system failed him and no adults had stepped up to help him, including the Omaha Tribe.

She said many of his failures were a result of where he came from and it was “disheartening” to her to see someone in the system for this long and continuing to fail over and over.

Nehring asked the court to follow Arenas recommendation because of his age, his past delinquencies and the current offenses. There is a need to protect the community, more than what Juvenile Court can provide, she said.

Sixth Judicial District Judge Justin Lightfoot said he would provide a written ruling, possibly by next week.

Trish Mehaffey covers state and federal courts for The Gazette

Comments: (319) 398-8318; trish.mehaffey@thegazette.com