Prosecutor Considers Transferring Murder Charge of 13-Year-Old to Adult Court

GREENWOOD, Ind. — A 13-year-old boy from Greenwood has been charged with the murder of another 13-year-old, prompting the prosecutor to consider transferring the case to adult court.

In addition to the murder charge, the boy faces a count of criminal recklessness in juvenile court.

The tragic incident occurred around 1 a.m. on November 10 at a residence on Crescent Drive, near U.S. 31. Police discovered James Davis suffering from gunshot wounds, and he succumbed to his injuries four days later.

For Johnson County Prosecutor Lance Hamner, this case marks the youngest individual he has ever prosecuted. A decision regarding whether to pursue adult charges against the boy has yet to be made. Hamner served as county prosecutor from 1991 to 2009 before becoming a county judge until 2022; he was re-elected as prosecutor in 2022.

“Usually when you have a situation where somebody’s killed somebody you have a really bad actor. Here, we don’t really know why this happened,” Hamner said.

The identity of the boy who shot James has not been publicly disclosed. In Indiana, cases involving individuals under 18 remain sealed unless they are charged as adults.

Authorities believe that during an incident where James and four other juveniles were handling a gun, it accidentally discharged when pointed at him by the suspect.

If charged as an adult for murder, the boy could face a prison sentence ranging from 45 to 65 years. Conversely, if tried as a juvenile, the focus would shift toward rehabilitation until he turns 18 at the Indiana Boys’ School detention facility.

“Even though we are looking at the murder statute, and that’s what’s alleged in this case, because it’s juvenile court, it’s a delinquency petition. This child is only 13 years old and as a consequence it’s not automatic adult jurisdiction. It’s possible that we can do ‘adult,’ but there’s a whole list of factors,” Hamner stated.

One critical factor in determining jurisdiction includes any prior criminal history.

“It’s disheartening. It’s extremely sad. You think of a 13-year-old; they’re not even an adolescent yet. And again, this is not a bunch of kids that we have had trouble with that have been victimizing the community.”

Hamner is committed to seeking justice for James and has indicated that he may also consider charges against supervising adults involved in this situation.

“This is the quintessential example of why we say keep guns away from kids. The fear is that something will happen that will result in somebody getting killed, and that’s what we have here.”

The next hearing in juvenile court is scheduled for Tuesday.