OKLAHOMA CITY (AP) — An attorney for a teenager charged with second-degree murder is appealing a lower court decision that his client be tried as an adult.
Thomas Mortensen argued before the Oklahoma Court of Criminal Appeals on Thursday that Tulsa County District Court abused its discretion in determining that Theo Fleming should be tried as an adult.
The 17-year-old Fleming is accused of fatally shooting Kaitlyn Finnegan in the chest on April 4.
Finnegan's father, Jim Finnegan, says he's shocked that Fleming is not facing a first-degree murder charge.
At a preliminary hearing in June, Special Judge Cliff Smith determined that evidence didn't support a first-degree murder charge that prosecutors had filed against Fleming.
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Information from: Tulsa World, http://www.tulsaworld.com
Oklahoma News
October 30, 2009
Adult status challenged
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