Tristyn Bailey case: State attorney weighing whether to try teen’s accused killer as an adult

ST. JOHNS, Fla. — Action News Jax confirmed Thursday the state attorney has not made a decision yet on whether to try Aiden Fucci, 14, as an adult.

Tristyn Bailey’s sister posted a heartfelt message on Facebook writing in part, “Our family has asked for nothing but we have decided with the money that is given, we are going to use it to make memorials for Tristyn.”

The GoFundMe’s goal was to raise $20,000; at last check it had generated more than $37,000.

St. Johns County Sheriff Rob Hardwick went on Fox & Friends on Thursday morning to talk about the case.

RELATED: Could Aiden Fucci, the teen accused of killing 13-year-old Tristyn Bailey, be charged as an adult?

His office is still gathering evidence but it’s clear he’s hoping the charges will be upgraded.

“We’re going to present all the facts to the state attorney’s office and hopefully we go forward in charging him as an adult and first degree murder. But that’s based on case law and, of course, the facts we present to the state,” he said.

Sheriff Hardwick said he’s meeting with Bailey’s parents Friday.

Petitions on change.org have gathered more than 250,000 signatures urging the state attorney to try Aiden Fucci as an adult.

Another one shows more than 8,000 signatures to upgrade his charge to first degree murder, right now he’s facing second degree murder.

Action News Jax law and safety expert Dale Carson said the state must prove certain factors to upgrade his charge.

“If it’s determined that he lured her to a site, that is premeditation; if he had a weapon with him when he met her, that’s premeditation,” said Carson.

The circulating petitions won’t affect the state attorney’s decision, but it shows how much the community has rallied around the Bailey family.

MORE STORIES ON TRISTYN BAILEY’S CASE:

Investigating Tristyn Bailey’s murder, Sheriff says “Our investigators are not done”

Timeline of events in disappearance, death of St. Johns County teen Tristyn Bailey

VIDEOS: Community mourning, friends honor Tristyn Bailey + The latest on the investigation

Tristyn Bailey: Who was the Florida teen reported missing and found dead on Mother’s Day?