Should 15-year-old ambush murder suspect have adult trial? Tri-City attorneys disagree
A judge will now decide whether a 15-year-old should face adult charges in connection with an Oct. 29 ambush that left another teen dead.
A two-day hearing wrapped up on Tuesday, and Judge Joe Burrowes is considering whether Hector Pantoja’s case should move out of Benton-Franklin Juvenile Court.
Pantoja was 14 when he was charged as a juvenile with first-degree murder for killing Julian Chavez, 19, outside of a Kennewick apartment complex in October.
State law requires a judge to decide whether a 14-year-old can be charged as an adult based on eight factors including the seriousness of the crime, the merit of the case, the teen’s maturity and how much they would benefit from juvenile rehabilitation rather than adult prison.
Prosecutors have asked for Pantoja’s co-defendant, Victor Ariel Cervantes, 15, to be tried as an adult as well. A hearing is scheduled for Oct. 25.
Benton County Prosecutor Eric Eisinger painted Pantoja as a gang member who bragged about shooting Chavez.
“Mr. Chavez was senselessly gunned down at the age of 19 over $100 in vape pens, marijuana and rolling paper,” Eisinger wrote in a court document. “Hector Pantoja had no prior connection to Julian Chavez. In that sense, Julian Chavez’s murder was the result of an indiscriminate act of violence.”
Defense Attorney Brian Hultgrenn argued his client is better suited to spend time in the juvenile rehabilitation system rather than become hardened in an adult prison system.
“(Pantoja) demonstrated an idealization of gang culture that is typical of youths who come from his background,” Hultgrenn said. “Hector’s seduction by gang culture and his mistaken belief it would bring him happiness and wealth are the sign of his immaturity not his sophistication.”
Robbery turned murder
Pantoja and Victor A. Cervantes were both 14 when they devised a plan to rob someone delivering drugs, according to court records. Investigators allegedly found a series of Instagram messages between the two teens about committing a robbery.
Investigators believe Cervantes, using an Instagram account associated with his phone, contacted Chavez about buying a quarter ounce of marijuana, flavored vape pens and rolling papers.
He arrived at the 1100 block of West Fifth Avenue about 9:15 p.m. and messaged Cervantes that he had arrived.
Video surveillance shows two teens walk toward where Chavez had parked.
Cervantes is seen walking away from the car while it heads west on Fifth Avenue.
The video shows muzzle flashes from gunshots. Then the Prius moves forward and another flash is seen before it hits a parked car.
It’s believed Pantoja got out of the rear seat of the car and walked away, according to court documents. Chavez was found dead inside.
The Washington State Patrol Crime Lab found the bullets pierced the back of the driver’s seat. At least one .45 caliber round was found in the back seat and several shell casings were found.
Investigators say DNA from Pantoja and three other people, was found on the rear driver’s side door.
He was arrested in November 2022, and a search of the home he was staying at turned up a .45 caliber XD Springfield handgun. The shells inside matched ones found at the murder scene, say officials.
Moving to adult court
Eisinger argued the the crime is serious and premeditated, and Chavez was never given any time to comply with the robbery to save his life.
He noted that while Pantoja was enrolled at New Horizons High School, he was regularly absent.
“Although he did not apply himself in high school, there is no indication that he suffers from below average intelligence or lacks normal social skills,” he wrote in his court brief.
Hultgrenn said any murder case could appear to favor moving it to an adult court, but the Legislature didn’t make the move automatic. He noted there has been a lot of new research about adolescent brain development.
He noted that Pantoja had been 14 for just 2 1/2 months when the shooting happened. If he was convicted of the crimes as charged, he would face 20 to 26 years in prison. Of that, he could only stay in the juvenile system until he was 25.
That means he would spend at least five years in adult prison, and that is only if the state kept him in the juvenile system.
Hultgrenn said exposing Pantoja to a large number of older inmates would mean he would have a greater likelihood of committing another crime.
“The juvenile system was created and is maintained to balance both rehabilitation and accountability,” Hultgrenn wrote. “The adult system exists for the purposes of retribution and incapacitation. ... This lack of rehabilitation in the adult system would likely cause Hector to learn behavior that would cause him to become a threat to the community once released from the Department of Corrections.”
