Will The 7th Grader Be Tried As An Adult?

I would hope to think that El Paso county would not try this child in adult court.  But I wouldn't put it past them.

The Gazette

With his wounded mother looking on, a 13-year-old boy accused of shooting her and killing his younger brother in their Colorado Springs home Monday morning sat slumped over through a court appearance Tuesday.

Daniel Gudino was ordered held without bond until a follow-up hearing on Friday afternoon, where he could be charged with first-degree murder and attempted murder.

The teenager, wearing a light-blue detention uniform with his hands cuffed behind his back, hunched forward with his chin against his chest during the juvenile detention hearing before Magistrate Jeffrey Saufley in Colorado Springs.

The boy's shaggy brown hair swept over his eyes, hiding his expressions, and he didn't appear to glance at his parents, who sat in a front row.

His mother, Marina Gudino, 38, had her right arm in a sling. She didn't address the court. 

Daniel Gudino is accused of killing his youngest brother, Ulysses Gudino, 9, and shooting and stabbing his mother at the family's home at 1837 Chapel Hills Drive about 8 a.m. Monday. Police received a 911 call from the mother at 8:11.

Ulysses Gudino was pronounced dead at the home.

Marina Gudino, a custodian at Douglass Valley Elementary School, was treated at a Colorado Springs hospital and released before the hearing, said Norene Simpson, the public defender who will represent Daniel Gudino.

A 7-year-old sister was in the home at the time of the shooting, but wasn't injured. The father and a fourth child, a 12-year-old boy, were not home.

Family members declined to comment at the courthouse.

Amy Fitch, senior deputy district attorney, said in court that prosecutors would likely announce Friday whether they will request that Daniel Gudino be tried as an adult.

Under Colorado law, children as young as 12 can be tried as adults if they are accused of certain violent crimes such as murder.

To have the case transferred to District Court, where adults are tried, prosecutors would have to request a special hearing of the Juvenile Court, which automatically has jurisdiction over children under 14.