NORRISTOWN — A 14-year-old boy admitted to causing the death of his younger sister while recklessly handling a gun inside the family’s Upper Providence Township home and awaits a decision from a judge about the consequences he’ll face in connection with the incident that prosecutors concluded was unintentional.
Appearing in Montgomery County Juvenile Court via a Zoom link on Friday, Jah’sir Vasquez admitted to misdemeanor charges of involuntary manslaughter and possessing an instrument of crime in connection with the March 19, 2021, gunshot death of his 12-year-old sister, Jasiyah.
Under state law, a person commits involuntary manslaughter when as a direct result of acting in a reckless or grossly negligent manner they cause the death of another person.
Judge Garrett D. Page adjudicated Vasquez delinquent and told the teenager that he will hold a so-called “disposition” hearing at a later date after Vasquez undergoes psychological and psychiatric evaluations “that will give me more information about you and that will enable me to make the proper decision … in terms of disposition.” The judge ordered Vasquez to cooperate with evaluators.
Juvenile court cases are handled differently than adult criminal cases. In juvenile court, there are no juries and all cases are handled by a judge. While adult court proceedings focus more on punishment, in juvenile court the focus is on treatment and rehabilitation.
If he had been convicted of involuntary manslaughter and the weapons offense in adult court, Vasquez could have faced up to 10 years in prison.
However, once a case is transferred to juvenile court and the charges are proven, an offender can be kept under court supervision until they are 21.
In juvenile court, defendants are never referred to as “guilty,” but are considered “adjudicated delinquent” if the charges are proven. Additionally, juvenile courts aren’t bound by the same sentencing guidelines used in adult criminal courts.
Punishments in juvenile court can include placement in a juvenile detention facility, treatment programs, a rehabilitation facility or house arrest.
Assistant District Attorney Emily D’Aguanno, captain of the district attorney’s Family Protection Unit, explained prosecutors agreed to Vasquez’s admission and the outcome of the case after reviewing, “multiple times,” the home surveillance video that recorded the fatal shooting inside the residence in the 100 block of Larchwood Court.
“It shows the juvenile pointing the weapon at his sister, Jasiyah, and walking toward her. But when you observe it closely over and over you can see the arm that’s holding the gun is starting to lower and his head is starting to turn away when the shot is fired,” D’Aguanno explained to the judge.
Additionally, she said, there was no clip in the gun, but there was one lone round in the chamber.
“It does not appear that the juvenile was aware of that,” D’Aguanno said. “He thought the gun was unloaded. Based on all that, it does appear to the commonwealth that the shooting was unintentional, that’s why we have agreed to this admission.”
“Obviously, I concur with Miss D’Aguanno’s assessment with what the evidence, in this case, would prove if the case were to go to trial,” defense lawyer Francis Genovese said. “I think there is a sufficient factual basis and a sufficient reason for the admission to the charges that have been presented to the court.”
While awaiting the disposition hearing, Vasquez, the judge said, will remain under house arrest in the custody of an uncle and under an electronic monitoring program whereby he has to wear an ankle bracelet that monitors his whereabouts at all times.
Prosecutors originally charged Vasquez, who was 13 at the time of the incident, as an adult because of the serious nature of the offense, relying on state laws that allow certain juveniles to face adult charges if they are accused of committing violent crimes with a weapon. The original charges included third-degree murder, a conviction of which in adult court can carry up to 40 years in prison.
However, under a previous agreement reached between prosecutors and Vasquez’s former defense lawyer, Carrie L. Allman, the case was transferred to juvenile court. Typically, to get a case transferred to juvenile court, defense lawyers have to establish that transferring the case will serve the public interest, that the juvenile is in need of treatment and rehabilitative programs and that the juvenile is amenable to treatment under the juvenile court system.
In her petition to transfer the case, Allman called the case “tragic,” but argued it was appropriate to transfer it to juvenile court given the underlying facts, including that Vasquez, the oldest of six children, did as he was told by his mother, Daisy, to go out to her car and retrieve her firearm so that she could lock it away. When Vasquez returned to the home, the firearm discharged and Vasquez’s sister was fatally shot, according to court papers.
Page told Vasquez that he is prohibited from having contact with his mother while awaiting the disposition hearing.
“If your mother contacts you, you should not have any contact with her and do not attempt to contact her. Alright?” Page addressed Vasquez.
“Yes,” Vasquez responded.
Daisy Vasquez, 31, is awaiting trial on charges of endangering the welfare of children, hindering apprehension or prosecution, possession of a firearm by a minor — responsibility of an adult — and recklessly endangering another person in connection with the incident. With those charges, prosecutors alleged she recklessly allowed her son to possess a firearm and also lied to detectives during the investigation. Daisy Vasquez remains free on $50,000 unsecured bail to await trial.
D’Aguanno and Genovese agreed that the original affidavit of probable cause will be incorporated as the factual basis for Jah’sir Vasquez’s admission.
That affidavit indicates the investigation began about 7:51 a.m. March 19, when Upper Providence police responded to the Larchwood Court residence for a report of a shooting. Arriving officers found Jasiyah Vasquez “lying on the living room floor with a single gunshot wound to her chest,” according to a criminal complaint filed by county Detective John Wittenberger and Upper Providence Detective Sean Franchini.
While police were administering first aid to the girl, Daisy Vasquez led police to the second-floor master bedroom where she showed them a 9mm handgun under a pillow on a bed and told them that she had accidentally shot her daughter with the handgun, according to court documents.
Authorities said the gun was purchased by and registered to Daisy Vasquez, who held a valid permit to carry the firearm.
Initially, Daisy Vasquez lied to detectives and stated that she had accidentally discharged her firearm as she was attempting to unload the magazine while walking up the stairs inside her residence and that Jasiyah was walking in front of her when the gun discharged, according to court papers.
However, when confronted with alleged inconsistencies in her statement, Daily Vasquez changed her account and stated it was her son Jah’sir who shot the victim. The woman told detectives she had instructed Jah’sir to retrieve her handgun from her locked vehicle and bring it to her bedroom to be placed in a safe.
The woman told detectives that she had asked her son in the past to retrieve her handgun either from her purse or from her vehicle, as recently as March 5, according to court papers.
Daisy Vasquez also told detectives that Jasiyah and Jah’sir previously were with her at a shooting range but that Jah’sir refused to handle the gun because he was “nervous about the gun,” according to the criminal complaint.
During the investigation, detectives discovered a home surveillance system in the kitchen area of the residence and reviewed video recorded around the time of the shooting.
Detectives alleged the surveillance video depicted Jah’sir walking into the home from outside. As Jah’sir entered the home, Jasiyah can be heard saying, “Hey you’re not supposed to step on the bag” and can be seen walking into the living room area, according to court documents.
“Jah’sir can be seen holding the handgun in his right hand, with his right arm fully extended. He appears to be pointing the handgun directly at Jasiyah and can be heard saying, what sounds like ‘shame on you earlier,’” detectives alleged. “Shortly after the gunshot is heard, Jasiyah screams, ‘mom, Jah shot me’ before collapsing on the steps that lead to the second floor.”
Detectives subsequently interviewed Jah’sir in the presence of his mother. During the interview, Jah’sir stated he was asked by his mother to retrieve the handgun from her vehicle. Jah’sir allegedly stated he located the gun in the center console and the “clip,” which was located in the vehicle separate from the handgun, according to court papers.
Jah’sir allegedly told detectives he placed the firearm in one pocket of his sweatshirt and the “clip” in the other pocket and walked inside the residence. Jah’sir stated he did not recall Jasiyah saying anything to him but that she was present on the first floor.
Jah’sir claimed he took the gun out of his pocket and it discharged and that it was an accident and he did not want to hurt his sister, according to the arrest affidavit.
“When asked if he pointed the firearm at his sister when he entered the residence, initially he adamantly stated he did not, contrary to the video evidence but later added that he may have but doesn’t remember,” detectives alleged in the criminal complaint.
An autopsy later determined that Jasiyah died from a gunshot wound to the chest and the manner of death was ruled homicide.
