ST. JOHNS, Fla. — ON TV: Action News Jax Law and Safety Expert Dale Carson, who has decades of law enforcement experience, will continue to provide analysis on this case. Watch his findings on CBS47 and FOX30 Action News Jax at 5, 5:30, 6 and 6:30.
A search for then missing girl, Tristyn Bailey, ended tragically Sunday when her body was found by a resident of the Durbin Crossing subdivision in a wooded area.
The St. Johns County Sheriff’s Office announced the arrest Aiden Fucci, the 14-year-old murder suspect, the next day.
Aiden appeared in Volusia County Regional Detention Center in front of Circuit Judge Michael Orfinger, for a detention hearing on Tuesday.
He is being held in a regional juvenile detention facility.
A judge read the second-degree murder charge to him and it was apparent the teen was emotional and at times looking confused.
Because Aiden is underage, his parents were at the hearing on his behalf.
He is being held for at least 21 days and the State Attorney’s Office said it will determine adult status or not within that time frame.
If kept in juvenile detention, Aiden would have to be brought to trial within 21 days.
Action News Jax anchor Phil Amato spoke with Dale Carson, our law and safety expert, who said that’s probably not going to happen.
Carson has decades of experience with law enforcement, including with the FBI.
Instead, Carson said the state will likely do something called “direct file.”
“Give us an idea what direct file means and what will happen” Phil asked Carson.
“It means that the State Attorney’s Office is charging him as an adult,” Carson replied.
Carson said the decision to try Aiden as an adult could happen as soon as Wednesday.
“No question about it. That is going to happen and one of the reasons it’s going to happen is because in a murder charge, the defendant has to be granted certain protections that are not available in juvenile court,” Carson said.
In juvenile court the rules of evidence and presentation before the court are relaxed, but in adult court, they are not.
Carson said in adult court, certain evidence won’t be brought in front of a jury during the conviction process because of the defendant’s right against self incrimination. But the penalties are more severe.
CRIME GUIDELINES NOTE: Each time a minor is arrested, Action News Jax discusses the seriousness of the charge they are facing. In this case, Aiden Fucci is facing a second-degree murder charge, which is a felony, so that is why we have decided to show his photo.
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