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Judge finds boy guilty of murder

Says prosecution proved premeditation in shooting of mother

By Shar Porier
Herald/Review
Published/Last Modified on Saturday, Jan 03, 2009 - 12:01:17 am MST

BISBEE — The future of a 12-year-old Douglas boy found guilty of killing his mother is now in the hands of Judge James L. Conlogue.

As the pre-teen’s adjudication hearing ended Friday, Conlogue determined the prosecution proved the boy acted intentionally and with premeditation in the shooting death of his mother, Sara Madrid, 34, on Aug. 1 at their family’s home.

The judge will now decide how long the boy will spend in the juvenile detention system.

The Herald/Review has decided not to identify the boy because he is being charged as a juvenile, not an adult.



On the second day of an adjudication hearing, the prosecution rested its case with the testimony of Cochise County Sheriff’s Office Detective Wendy Adney, who was the initial interviewer in the boy’s case. During questioning by Deputy County Attorney Gregory Johnson, she said the boy’s rights were read to him from a special form used for juveniles and that he understood those rights.

Defense attorney Sanford Edleman wanted the judge to see the interview that had been videotaped, saying it would show the boy did not understand what was going on. He said the information given by the boy was not voluntary.

The DVD of the interview was played in the courtroom. In the video, the boy indicated to Adney several times that he understood the Miranda rights for juveniles and the charges that could be filed against him. He responded to Adney in a quiet voice at times and with his head held low.

When Adney asked him if he had thought about shooting his mom in the past, he replied, “Yes.”

After watching the video, Conlogue declared the boy’s rights had been thoroughly explained and ruled against the defense.

Adney testified that the boy said he shot his mother because of the things she had done to him. He gave a few incidents involving his mother’s temper that resulted in slapping and yelling. He believed his mother preferred his sister over him, since he was punished for things, but she was not. These were corroborated during the playing of the interview.

The argument that started earlier in that August day had to do with chores he was expected to complete. Madrid yelled at him for not doing a good enough job. Then she and Alfonso Munoz left for a while. Munoz was her partner for 10 years and a father figure for the boy.

When they were gone, the boy went into his mother’s bedroom and got a .22-caliber Ruger semi-automatic handgun that belonged to Munoz from the closet and loaded the 10-shot clip into the gun. Munoz had taught the boy how to use the gun.

The boy chambered a round, making the gun ready to fire, and walked outside with it in his pocket to wait for his mother and Munoz to return. When they arrived, he fired all the rounds in the gun at his mother.

Madrid was hit eight times with wounds to the heart, lung, abdomen, diaphragm and kidneys. The medical examiner declared she died of wounds from the shooting.

Two additional bullets were found in a swimming pool and matched to the gun.

From the interview that was taped, it appeared the boy did not know he actually killed his mother. At one point in the tape he asked Adney if Madrid was still in the hospital. Adney replied, “No.”

Two of the boys’ aunts were present during the interview and told the boy his mother was dead after Adney left the interview room. The detective gave them time to comfort the boy and then returned to finish the interview.

Edleman also argued it was not an act of pre-meditation or with the intent to kill just because the boy loaded a gun.

“I don’t believe the state has proven it an intentional act other than the multiple gunshots. In and of itself, that does not prove that the juvenile did this with intent to kill. He did intend to shoot his mother, just not cause her death. He wanted to take action against the abuse,” Edleman said.

Ernestine Huitron, who is Madrid’s sister, was called to the stand as a witness to the mother’s alleged abuse of the son, though she did not have frequent contact with her sister and nephew. She testified Madrid had a temper and yelled at the boy using offensive words and that Madrid did not want the boy to live with her.

“He is a docile, sweet boy,” Huitron said. “Sara said (the boy) was stupid and dumb.”

After closing arguments, Conlogue found the boy guilty of first-degree murder.

“The prosecution has proven beyond a reasonable doubt that (the boy) did commit first-degree murder,” the judge said.

After the hearing, Edleman said the judge could sentence the boy to juvenile corrections for a period of time or until he turns 18.

The disposition (sentencing) hearing of the juvenile will be held at 1 p.m. on Jan. 23.

Herald/Review reporter Shar Porier can be reached at 515-4692 or by e-mail at shar.porier@bisbeereview.net.



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    Personal Responsibility wrote on Jan 9, 2009 12:24 PM:

    " So his intent was just to shoot her with the 10 bullets, not to kill her. That is a good defense. "Yes you honor, my client did shoot the victim 100 times with a shotgun. He didn't intend for him to die though" This kid is 12 years old and obviously knows what happens when you shoot someone with a gun. Once again personal responsibility comes to mind. Don't blame the victim, the entire blame is on the perpetrator of the crime. "

    Throw away the key... wrote on Jan 7, 2009 3:10 PM:

    " At age 12 he goes and retrieves a weapon, loads it, and unloads it into his mother. What will this criminal be capable of once he gets out of juvenile detention? At 12 years old a child knows what a gun does. Society has inundated us with a vast array of media that depicts gun violence, television shows, music, video games, etc… This kid knew what he was doing. He was mad because he wasn’t being treated “fair”. I wonder how fair he will think life is when he is incarcerated or how fair his life will be after incarceration. "

    What A Waste wrote on Jan 3, 2009 8:37 PM:

    " This kid, unfortunately, will serve less than a year in juvinile detention. He will then be back out on the streets. I think he's already a lost cause and I most surely wouldn't want to be around this loose cannon. "

    local wrote on Jan 3, 2009 8:25 PM:

    " For those who still believe in the power of prayer please pray for the family and for the boy, the entire family will appreciate it. "

    abused - cont wrote on Jan 3, 2009 6:30 PM:

    " 8 of 10 rounds in Mother... I'm sick of those who blame the mother for her death "

    abused wrote on Jan 3, 2009 3:17 PM:

    " I was physically and verbally abused by my Mother throughout my life at my parents' home. I didn't care for the treatment, but never picked up a weapon. I had access, understanding of what a weapon could do, and still didn't shoot my Mother. Why you may ask, because I understood the intent of a weapon, the consequences of my actions, and understood she was still my Mother, even if she wasn't parenting in a way I desired. This youngster is guilty of a premeditated act 0of10rounds in the Mother, none in the father-figure. Guilty... "

    Pat wrote on Jan 3, 2009 1:33 PM:

    " So there wasn't anyone to help this boy from the abuse his mother gave him? So the boy didn't have anyone to turn to. "

    Unbelieveable wrote on Jan 3, 2009 10:10 AM:

    " He should have been tried as an adult, convicted and gotten the death penalty...to say that he didn't know what he was doing is ridiculous...I started shooting at age 8 and I knew better than to point a gun at another human being...goes to show that in today's society there is nothing called "PERSONAL RESPONSIBILITY" End of Story.... "

    Independent wrote on Jan 3, 2009 9:57 AM:

    " Nuts to rehabilitation. The kid is a lost cause, just throw the key away. "

    mae wrote on Jan 3, 2009 8:53 AM:

    " at 12 he is old enough to know if you shoot an animal or person that ti will die. he had plenty of time to decide what he was doing loading that gun before she came home to change his mind and unload it. this is not a person likely to change how he handles anger in six years. his mother is dead for life. letting these children get out and back in society is a mistake. the younger they are when they start killing the more likely their brain does not function properly and should be in society "

    Justice wrote on Jan 3, 2009 8:36 AM:

    " He will end up getting less than a year, for every bullet he pumped in his mom.
    It would be a good idea to stay away from him when he gets out. "

    a reader wrote on Jan 3, 2009 12:19 AM:

    " why not get a evaluation done on the boy . if he was being abused he acted out as how he had seen her out with a violent temper "

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