By Jeff Goldman
nj.com
NEWARK, N.J. — The 14-year-old charged with shooting and killing a Newark police officer will be charged as an adult, a federal prosecutor said Thursday.
In a morning appearance on “Fox and Friends,” interim U.S. Attorney for New Jersey Alina Habba said the teen will be federally charged and that his case will be moved from state to federal court.
If convicted at the federal level of the March 7 murder of Detective Joseph Azcona, the teen could face a longer prison sentence than allowed by state law for young offenders.
“This is really the way it should be,” Habba said on the television show. “If you shoot a police officer, if you shoot anyone, I don’t care what your age is, and you’re part of a gang and you have a repeated history of crime you will be tried as an adult.”
Juveniles under age 15 cannot be tried as adults for any offense, according to New Jersey state law. The teen would face a maximum of 20 years in prison if convicted in family court in Essex County.
“He was going to (be prosecuted by) the state which meant that he would have had a very low sentence if he was found guilty, which I’m sure he would be,” Habba added.
“I then requested that we take it on and give him a federal charge and charge him as an adult.”
The teen remains hospitalized, according to Habba.
Azcona, 26, was a Newark police officer for about five years. He was promoted to sergeant following his death.
Azcona was shot before exiting his car in the area of Broadway and Carteret streets. Another officer was wounded in the gun battle.
Azcona was part of an intelligence unit that sought to arrest a suspect they believed was armed, authorities said.
The Essex County Prosecutor’s Office charged the teen with murder, attempted murder and weapons offenses.
The prosecutor’s office said Thursday it will cooperate with federal authorities.
“We will do whatever is in the interest of justice including, but not limited to, cooperating with the U.S. Attorney’s Office in regard to any superseding of this case,” Essex County Prosecutor’s Office Theodore N. Stephens II said in an emailed statement. “We ask that you please contact the U.S. Attorney’s Office for further comment.”
The U.S. Attorney’s Office for New Jersey didn’t immediately comment on Thursday.
President Donald Trump named Habba interim U.S. attorney for New Jersey last week. She replaced John Giordano, who held the job for less than a month before departing to become United States Ambassador for Namibia.
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