Washington state law holds that children between 11 and 13 "are presumed to be incapable of committing crime" absent a judicial determination that they are aware the act is wrong.

That standard was recently applied in King County Superior Court to a boy whose demeanor and physical stature might have been a bit jarring to those present at his juvenile court hearing.
 
The boy - unnamed because of his status as a juvenile - is 10 years old, stands a single inch over four feet and weighs 80 pounds. He faced Superior Court Commissioner Julia Garratt in silence and wearing an arm sling on August 19 as she charged him in connection with attempted robbery and an unrelated theft in another robbery, a felony charge, and ordered him to remain in custody pending a further hearing.

The boy's age and size don't exactly mesh with his criminal past, which includes 13 investigations for crimes including robbery with assault, multiple robberies with a weapon and theft. Juvenile authorities have referred six cases in the past to the King County Prosecuting Attorney's Office, but the criminal charge levied last week was the boy's first.

The robbery attempt was tied to an August 17 incident on a Metro bus in which the boy, together with two half-brothers aged 12 and 14, sought to rob a 17-year-old. During the struggle that ensued, a gun in the would-be victim's backpack went off, injuring the 10-year-old. Prosecutors have not stated whether the 17-year-old will face a weapons possession charge.

The charge against the 10-year-old is also related to a June bicycle theft/robbery. A special hearing will determine whether the boy will face a trial on the charges.

Related Resource: www.seattletimes.nwsource.com "10-year-old, two half-brothers charged in robbery try" August 20, 2010