INDIANAPOLIS, Ind.– A 15-year-old accused of a cross-county crime spree that included murder was accused of stealing guns from his family’s house and failing previous juvenile probation programs.

Juvenile Judge Marilyn Moores concluded a waiver hearing to determine if the boy should be tried as an adult.

The Pike High School student was arrested Feb. 13 after a crime wave that included several armed robberies and vehicle thefts, the shooting of a man walking his dog and the murder of a man in his Southport driveway.

The boy is accused of being the wheelman for Sirquain Burr, 18, who investigators think pulled the trigger, killing John Yingling.

A police chase ended with a crash on West 56th Street in Hendricks County following the shootings.

Dr. James Dalton testified that he conducted a psychological evaluation of the boy in March. He said the teenager is of below average intelligence, has poor decision making and risk-assessment skills and exhibits anti-social behavior.

The boy reads at a 3rd-grade level, had never been assigned a specialized education program and likely suffers from an attention deficit disorder.

Judge Moores, who must decide if the boy will be tried in the juvenile or adult system and sentenced accordingly, asked if the teen is more vulnerable to poor decision making even if he receives training and counseling.

Dalton said the boy would “always struggle” with such decision making.

IMPD Detective Marcus Kennedy testified that bullets and shell casings recovered from the scenes of both shootings matched the .380 caliber handgun tossed from the stolen vehicle during the chase. Kennedy said the younger teen admitted his role in the crime spree in a taped statement.

Jennette Whattley, a juvenile probation officer assigned to Pike High School, said the boy was failing to comply with counseling and home detention orders following a 2012 complaint regarding criminal mischief.

In January, less than a month before the fatal crime spree, the teen was arrested for vehicle theft, criminal trespass and receiving stolen property and place on home therapy and 30 days of electronic monitoring.

The boy’s mother told Whattley that her son was leaving the house in violation of monitoring rules, was defiant, didn’t attend counseling and stole several guns from the family home.

If Judge Moores assigns the boy’s case to juvenile court, and he’s convicted, he could serve his sentence in the Indiana Department of Corrections Pendleton Juvenile Facility until the eve of his 21st birthday. If the teen is waived over to the criminal system, and he’s convicted, he would be sentenced to serve the first part of this term in the juvenile facility at the Wabash Correctional Facility and then placed in the prison’s general population before he turns 20 years old.

Tim Hanlon of IDOC testified that 44 youth currently serve their terms in the Wabash juvenile unit and most will continue anti-social behavior once they are transferred to the general population.  Such offenders receive education, mental health and religious counseling while housed in the juvenile unit.

Christine Leffinger of IDOC testified that approximately 200 young offenders are housed in the Pendleton juvenile facility, most of them 15- and 16-years-old. Leffinger said the Pendleton juveniles traditionally have a 34 percent recidivism rate and return to incarceration.

During a break in testimony, deputy prosecutor Gregory Spencer said the Marion County Prosecutor’s Office believes that the teen has run out of second chances to be treated as a juvenile.

“Certainly we filed the motion for the waiver and feel it is appropriate that this juvenile face trial as an adult,” Spencer said. “I think the juvenile system has exhausted all the resources that have been used to address this individual.”

During the afternoon session, the boy’s mother testified that her son was failing at school and was defiant to his family.

“You know you make this seem like it’s been going on for years,” said defense attorney Kenneth Riggins. “It hasn’t. He got his first case last July and since then he’s been on track, but, he’s like anyone else, he should get a second chance. That’s what America’s about.”

In closing arguments, deputy prosecutor Tracy Fitz told Judge Moores that the boy was involved in several felonies and had proven himself beyond rehabilitation.

Riggins is expected to argue in a written closing statement that the child is a good candidate for rehabilitation.

Judge Moores remarked that the waiver portion of the case has already taken too long and she expects to make a timely ruling which could mean by the end of the week.

INDIANAPOLIS, Ind.— A potential agreement to allow a 15-year-old boy to plead guilty for a February crime spree that involved murder has been turned down as the Marion County Prosecutor’s Office, as the juvenile still faces the specter of trial in criminal court.

Both sides entered Judge Marilyn Moores’ juvenile courtroom Wednesday morning after discussing a potential deal that would have allowed the boy to plead guilty for his role in the killing of John Yingling, the shooting of another man and a police chase of a stolen vehicle that ended in a crash on West 56th Street.

“There’s no written plea agreement,” defense attorney Kenneth Riggins said after Wednesday’s hearing.

“There were discussions off the record between defense counsel and myself and a couple other individuals from the Marion County Prosecutors Office,” said Deputy Prosecutor Gregory Spencer.

Those talks included Marion County Prosecutor Terry Curry before a proposed agreement fell apart and new waiver hearing dates were set for June 17 and 18.

“I just present the evidence and I think the evidence will hopefully show that he should remain in the juvenile system,” said Riggins.

“I think the facts of the case are of serious natures,” said Spencer. “I think that with the factor of the age of the defendant it’s appropriate for a waiver to be considered and to potentially face trial in adult court for the actions that are alleged to have been committed in this case.”

The boy is suspected of being at the wheel of that stolen SUV as his co-defendant, Sirquain Burr, now 18, fired the fatal shot that killed Yingling in his Southport driveway and later wounded a northwest side man who was walking his dog.

The younger teen is accused of other robberies and escaping his home detention the morning of the crime spree.

Janet Yingling, ex-wife of the murder victim, was outraged when informed by Fox59 News last week that a potential deal for the boy to plead guilty as a juvenile was in the works.

“He’s got numerous arrests for violent crimes,” said Yingling. “I mean him and this 17 year old, they went and they were holding up people in their garages. It’s ridiculous. And during the whole fiasco, this kid actually turned this truck around and went back to shoot at another guy. It’s ridiculous. He should be tried as an adult.”

“He had the choice to say no,” said Stacey Yingling, daughter of the victim. “It wasn’t that long ago that I was 15 and if one of my friends asked me to get in a vehicle to go do anything remotely close to what they were doing, it would have been ‘no’ and go home and he chose not to. Why?”

Spencer said his office wasn’t pressured by the families of victims to turn down the potential bargain.

“No, not at all. I don’t think you would classify them as negative comments of that nature,” Spencer said. “There were certainly concerns from the victims and we want to be representative of the people of the state of Indiana. We take those concerns very seriously.”

While the prosecutor will present more evidence of the crime spree later this month, Riggins said he would call corrections officials to testify about the boy’s history and demeanor since his arrest.

INDIANAPOLIS, Ind. – The juvenile court hearing for a teenager accused in a crime spree across the city continues Wednesday.

A judge could decide whether the juvenile should be charged as an adult.

Police said the teen and his 17-year-old accomplice, Sirquain Burr, killed a man in his Southport driveway, shot another man on the west side and then wrecked a stolen SUV during a police chase in February.

Burr stands trial as an adult, while the younger boy’s attorney is working to convince the court to have his client plead guilty as a juvenile.

“Just say we’re trying to work on a resolution that’s in the best interest of the public and everyone involved,” said Kenneth Riggins, the juvenile’s defense attorney.

The ex-wife of murder victim John Yingling told Fox59 the boy has already failed in the juvenile system. She believes the suspects should go to prison.

Fox59’s Russ McQuaid will be in court Wednesday morning and will have a complete update on Fox59 First at Four.

INDIANAPOLIS – A teenager accused of carrying out a cross-county crime spree in February is due back in juvenile court Wednesday.

The waiver hearing is being held to determine if the 15-year-old suspect should be tried as an adult. The judge called for a recess during proceedings last week.

In February, police said the teen and 17-year-old Sirquain Burr killed John Yingling during a robbery in his Southport driveway. After that, investigators said the pair shot a man who was walking his dog on the west side. The crime spree ended after the teens wrecked a stolen SUV in Brownsburg while being pursued by police.

Burr will stand trial as an adult. The younger suspect could as well, unless his attorney convinces the judge that the juvenile system is a better fit. It’s also possible that a plea deal could be arranged in the case.

The family of an Indianapolis murder victim is speaking out in hopes of preventing a possible last minute plea deal for a 15-year-old charged in connection to his death.

The boy is one of two teens charged with a long list of crimes stemming from a violent crime spree and police chase in February. By the time police caught up with the stolen SUV on 56th Street, the teens had already been linked to multiple robberies and two shootings, including the murder of John Yingling.

According to police, 17-year-old Sirquain Burr pulled the trigger and his 15-year-old accomplice was driving.

“They couldn’t punish them boys enough to satisfy us,” said Janet Yingling, John Yingling’s ex-wife.

On Tuesday, a juvenile judge began hearing testimony to consider whether the driver should be tried in adult court, but the hearing was suddenly interrupted and now Fox59 News has learned that negotiations are going on that could potentially lead to a plea bargain, which would keep him in the juvenile system.

“He’s just as guilty as the 17-year-old,” Janet Yingling said. “He was in it for the thrill and now he needs to pay the price.”

In the waiver motion to the juvenile judge, Marion County Prosecutor Terry Curry wrote, “the said child is beyond the rehabilitation of the juvenile system.”

But as the teen’s family left the interrupted hearing, it was clear that the defense is working to keep him there.

“He’s got people who love him and who care about him,” said defense attorney Kenneth Riggins, ”same as the victim who has people who care about him and love him as well. This is horrible and everyone is coming together to try to heal this situation and move forward as best we can.”

“There is no healing the situation,” Janet Yingling said. “There is nothing they can do to bring John back.”

If the teen pleads guilty to his charges as a juvenile, he likely faces treatment and incarceration in the juvenile system. He could also potentially be release by the time he’s 21 years old.

John Yingling’s 21-year-old daughter, says that’s unacceptable.

“My dad didn’t get a second chance, so why do either one of them kids?” Stacey Yingling said. “That 15-year-old was driving that truck. He could have walked away.”

The juvenile court hearing has been continued until June 5.

INDIANAPOLIS – The juvenile court waiver hearing for a 15-year-old Indianapolis boy accused in a cross-county crime spree that included murder has been continued until June 5.

At 10:50 a.m., Juvenile Judge Marilyn Moores called for a ten-minute recess.  Thirty minutes later, her baliff cleared the courtroom and announced the hearing would continue at 1 p.m.

At 11:30 a.m., prosecutors and Kenneth Riggins, attorney for the child, entered Judge Moores’ chambers and emerged 20 minutes later to announce to family that the hearing would be continued.

Three Indianapolis Metropolitan police detectives testified during the morning session that the teen and then 17-year-old Sirquain Burr engaged in a week’s worth of robberies and auto thefts before the Feb. 13 murder of John Yingling outside his Southport home.

Minutes later, Rex Souter was shot while walking his dog along Dandy Trial on the northwest side by a young male in a blue sport utility vehicle. That vehicle then circled through the subdivision and returned to track down Souter as at least three more shots were fired.

Soon a police chase of that vehicle ended with a crash on 56th Street where Burr and the teenager were arrested.

Burr, who was 17 when he was arrested but has since turned 18, has been charged as an adult.

Tuesday’s hearing was to determine if the youth would also be waived to criminal court to be tried as an adult.

He faces charges of robbery, auto theft, murder, attempted murder, resisting law enforcement, escape and a handgun violation.

During the break in testimony, in a hushed courtroom, the boy’s father was overhead asking the child, “Why are you crying?… They have to be here. They’re saving your life.”

The courtroom was packed with supporters and family members of the teen.

Next week, when the hearing is continued, Judge Moores will have the option of listening to more testimony for and against the teen’s waiver to criminal court or considering a potential plea agreement that would allow the youth to be sentenced as a juvenile.

As part of the state’s motion to waive the youth to criminal court, Prosecutor Terry Curry argued that “the said child is beyond the rehabilitation of the juvenile system.”

INDIANAPOLIS – A judge has ordered a psychological evaluation for a teenager charged in a deadly February crime spree.

The evaluation will play a major role in whether the 15-year-old suspect will be charged as an adult. He’s currently charged as a juvenile in connection with a Feb. 13 crime spree that resulted in one man’s death on the south side and ended in a high-speed chase and crash in Brownsburg.

A Marion County juvenile judge ordered the evaluation during a Tuesday hearing.

Charges against the juvenile include murder and attempted murder. He’s also been charged with escape because he removed an electronic monitor that was meant to keep tabs on him.

A waiver hearing is set for June 3. The hearing, which is expected to last several days, will determine if the case will be waived from juvenile court to adult court.

Defense attorney Kenneth Riggins believes the evaluation will show that the teen is still able to be rehabilitated through the juvenile court system.

“This psychological evaluation is the stepping point, or the starting point, for them to make that sort of determination,” Riggins said.

Another teen, 17-year-old Sirquain Burr, has already been charged as an adult. He faces several counts, including murder, attempted murder and auto theft.

Police said the two were involved in the shooting death of John Yingling during a robbery on the morning of Feb. 13. Not long after that, police said they shot a man near Eagle Creek as he was walking his dog. Police also said the teens robbed a woman at gunpoint and attempted to rob another jogger that same morning. The stolen SUV they were riding in was spotted and police pursued the teens, resulting in a crash in Brownsburg.

Both teens were taken into custody after the crash.

In the week after the crime spree, several members of John Yingling’s family called for both teens to face the death penalty.

“It doesn’t matter if they’re kids or not,” said Yingling’s ex-wife Janet Yingling. “They made an adult choice. Therefore, they should pay the adult price.”

The U.S. Supreme Court ruled in 2005 that sentencing juveniles to the death penalty was unconstitutional.

INDIANAPOLIS – A teenager accused of a slew of crimes may be charged as an adult.

Prosecutors said a 15-year-old juvenile carried out a crime spree on Feb. 13 with 17-year-old Sirquain Burr. The teenagers are accused of a number of crimes including robberies, a high speed chase, and the fatal shooting of 38-year-old John Yingling.

The juvenile appeared in juvenile court Thursday. Inside the courtroom, defense attorney Kenneth Riggins requested that he be given a psychological evaluation. The prosecution asked for a hearing in response. The hearing is scheduled for March 7.

“Nobody goes out and does something like this out of the blue. So, I mean, your mind works normally. I’m sure that–not a normal mind–would participate in something like this, so we need a full psychological evaluation,” Riggins said.

The 15 year old faces several charges, including murder and attempted murder. Additionally, he has been charged with escape. Deputy Prosecutor Peter Haughan said it’s because he was supposed to be home on an electronic monitor. He was also charged with resisting law enforcement because he was accused of driving the car during the high-speed chase.

Haughan filed motions to waive the juvenile case to adult court. A waiver hearing date has not been scheduled and will happen after the March 7 hearing.

“This was a situation where people out in the public were put at risk in danger. I think he’s beyond the rehabilitation of the juvenile system and I think it’s clearly in the best interest of our community that he stand trial as an adult,” Haughan said.

Riggins did not comment on what happened in court Thursday. He also did not comment about wanting to keep his case in juvenile court.

“Out of respect of John Yingling and his family, at this time we have nothing more to say then we apologize deeply that we’re very, very sorry about their loss,” Riggins said.

Burr’s case was moved to adult court. He faces a number of charges, including murder, attempted murder and auto theft. He is expected in court April 16.

Yingling’s widow, Christy, provided the following statement to Fox59:

“My husband was my life my best friend my everything. It is so hard knowing that I heard the guy ask him for his money and wallet and that was the last thing I ever heard. It is so hard knowing I couldn’t save him. They took a wonderful husband, father, son, brother, and friend away from so many. There isn’t anything in this world that I wouldn’t do to bring him back.”