The state of Oklahoma seeking to charge 17-year-old Ni’avien Lee Golden, accused of the deadly shooting at McLain High School's homecoming, as an adult.
Police say the teenager shot four people at the homecoming game. A 17-year-old died, and three others were hurt, including a 9-year-old girl.
Initially, Golden was charged with first degree murder.
“Which is always an adult sentence,” Erik Grayless, First Assistant District Attorney, said.
However, evidence brought forward at the preliminary hearing indicated that the charge should proceed as second-degree murder.
“Depending on the age of the child, second-degree murder is not necessarily an adult sentence,” Grayless said. “When the charge was amended to second-degree murder, it became a youthful offender charge even though it started as a first-degree murder, adult charge.”
NewsChannel 8 asked what evidence was brought forward to change the proceedings.
“The defendant did a motion where he bent down and picked up a firearm and began shooting wildly into a crowd,” Grayless said. “That's classic second-degree murder. First-degree murder requires what's called malice of forethought. In other words, there's a deliberate intention to take the life of another. Second-degree murder is imminently dangerous conduct which puts other people at risk which causes the deaths. Firing into the crowd is typical for what people often think of when they think of second-degree murder.”
Nonetheless, Golden impacted so many that day.
With the severity of his actions, the state filed a motion to seek adult sentencing.
“This past Monday, June 5th, we filed and asked the court to now consider whether the defendant should be held as an adult or as a youthful offender,” Grayless said.
But the defense questions the legalities of the motion.
“I don’t think the state of Oklahoma can legally proceed and request adult sentencing at this time,” Ben Fu, Golden’s defense attorney, said. “Based on their failure to comply with statutes that require them to start their hearings within 90 days.”
Golden is scheduled to appear in district court for his hearing on June 15th.