A Whitfield County teenager accused of the murder of his grandmother in 2010 has been granted a motion to stand trial in Juvenile Court by a Superior Court judge but a motion to dismiss the charge was denied.
Joshua Jaran Johnson was 15 when he was charged in September 2010 with strangling his grandmother, Lorraine Frazier. He was 16 when he pleaded not guilty in July 2011. Johnson was initially going to be tried as an adult but a hearing in April dealt with the possibility he could stand trial before a judge in Juvenile Court.
Judge David Blevins did not make a decision on venue at that time, but advised defense attorney David Wolfe and District Attorney Bert Poston to file responses to a statute that defines “detention for a juvenile.” Arguments centered on case law defining the terms “detention” and “confinement” and the way the state criminal code is written.
In an 11-page ruling handed down late Thursday, Blevins found for the defense, saying Johnson was “detained” while wearing an ankle monitor at the home where he was staying and since he was not indicted by a grand jury within 180 days of his detention, the motion to move the case to Juvenile Court was granted.
However, Blevins refused to dismiss the case. Wolfe said during the April hearing that Frazier may have committed suicide.
Poston said the state is “considering our options for appealing the ruling.”
“We have 30 days to make that decision,” he explained.
Local News
Case of teen charged with murder of grandmother sent to juvenile court
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College bound
Noel Salaices poses next to his picture on the Advanced Placement Scholar wall at Dalton High School. (Matt Hamilton/The Daily Citizen)
Noel Salaices said he has become inspired over the past year to look beyond his circumstances and realize the blessings in his life.
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