"We look at the circumstances of the crime, the age of the perpetrator, what contact the juvenile has had with the system, has he/she had the opportunity to take advantage of the juvenile system, the defendant’s upbringing/background, provisions of the law, any other mitigation presented, and the victim’s or victim’s family’s perspective," explains Denver District Attorney’s Office spokesperson Matt Jablow. "We balance the need for punishment with the opportunity to rehabilitate the juvenile."
In the case of the thirteen-year-old charged with killing Richard Sanchez, all of these things were weighed.
"Based on all that, we decided that the case of the thirteen-year-old accused in the murder on the RTD bus will remain in juvenile court," Jablow tells Westword.
The suspect, who's accused of gunning down the sixty-year-old grandfather on an RTD bus on January 27, had facedcharges in another case last year and pled guilty to simple assault, Jablow adds.
Now the teen is charged with multiple counts of murder, attempted murder and other charges related to Sanchez's death, which sparked national headlines. Investigators say Sanchez was on an RTD bus near the intersection of South Federal Boulevard and West Mississippi Avenue when the thirteen-year-old got upset with the older man blocking an aisle with his leg, and shot him multiple times.
"It appears there was verbal exchange," DPD officials said in a February 2 statement. A second victim suffered a minor injury during the mayhem and was treated at the scene.
The youth was charged with six counts of first-degree murder (multiple different theories), endangering public transport threat crew, at-risk-assault - extreme indifference, first-degree assault - extreme indifference, firearm/explosive on public transport, disorderly conduct discharge of firearm, weapon-prohibited use - reckless w/gun, handgun possession by juvenile, and violent juvenile offender-used weapon.
Although he was tried as a juvenile, prosecutors weighed whether to move his case to adult court, according to the DA's office. That's what the DA did with teenager Remi Cordova, who allegedly killed a Denver woman in February 2021 when he was just fourteen years old; that case was transferred to adult court.
"He shot a woman who was driving, a young mother," Denver DA Beth McCann says. "There was an incident with the car, and he got out of the car with a long rifle, a long gun, and allegedly shot and killed her."
Pamela Cabriales, 32, was shot in the head by Cordova on Colfax Avenue near I-25 while an eighteen-year-old man, Neshon Johnson, was driving him around in another vehicle, according to prosecutors. They reportedly got into a small accident with Cabriales, and the two of them — both alleged gang members — retaliated with the attack by Cordova.
"It was the cold-blooded nature of the crime, and the fact that he had been in the system previously," McCann says of why Cordova's case got sent to adult court.
In order to send a case over to adult court, prosecutors will often be required to have a transfer hearing with a judge, which can be time-consuming and take a lot of research. However, in many cases, that doesn't have to happen.
"Depending on the age and the nature of the crime, we can file in adult court without having a hearing," McCann says. "And then the defense can ask the court to send it back to juvenile court. Or, like in the case of the thirteen-year-old, we can't file it directly in adult court. So in that case, if we wanted to transfer, we would have to file a motion to transfer. The judge can't do it on his or her own."
The RTD defendant was scheduled to have a March 8 hearing related to his case, but that was moved to April 26. It's unclear what led to his assault charge in 2023; authorities are unable to release information on it because he is a minor.
RTD Safety
Asked how RTD was ensuring and improving people's safety in the wake of the Sanchez killing, spokesperson Marta Sipeki says a number of initiatives and steps are in place or coming soon that should make Denver residents feel comfortable about using the transit system. "RTD is saddened by the incident that occurred on January 27, and our thoughts are with the family of the victim," Sipeki says. "RTD is committed to creating a welcoming transit environment that supports the personal safety, security and well-being of all customers using its bus, rail and paratransit services. "
In August 2022, RTD's Transit Police Department had just nineteen sworn officers. Since that time, Sipeki says, the number has increased to 58 full-time Colorado Peace Officer Standards and Training-certified officers.
"The department has an additional 27 recruits currently in police academy training," she says. "In response to higher overall demand, RTD also has a short-term goal of hiring approximately thirty more officers in 2024. The agency uses operator and customer reports to strategically deploy law enforcement resources, allowing RTD-PD to address chronic offenders and identify high-need areas."
In addition, RTD Transit Police are a "regular presence on and around the system," according to Sipeki, including on the agency’s buses and rail vehicles.
"RTD also asks its customers to be its partners in safety by reporting suspicious or illegal activity that they may observe," Sipeki adds.
