
14-year-old cop killer could walk free at 18. Frustrated top NJ prosecutor drafts law change
👨⚖️ Bill looks to lift protections for minors accused of murder
👨⚖️ It's named for slain Newark police Sgt. Joseph Azcona
👨⚖️ Spurred by 14-year-old charged with killing Newark police detective
UPDATE: NJ can't charge cop-killing teen as adult, so feds say they will
A teenager accused of killing Newark police Sgt. Joseph Azcona faces only a few years in prison.
That's because New Jersey law protects the 14-year-old charged with shooting Azcona to death on March 7.
Attorney General Matthew Platkin said he's spoken to Azcona's family and colleagues. They're frustrated by the law that stops minors under 15 from serving decades in prison no matter the crime.
"I get their frustration; I share it, and that's why we're doing something about it," Platkin said.
Joseph's Law gives prosecutors discretion
Platkin's office has drafted new legislation to give prosecutors the option to charge minors as adults in specific cases in which law enforcement officers are injured or killed.
They call it Joseph's Law.
"Anybody who assaults and seriously injures an officer or God forbid, kills an officer, should be held accountable to the fullest extent of the law, period," Platkin said.
That includes criminal homicide and aggravated assault.
Platkin said they're speaking with state lawmakers to get the bill a sponsor. He says once the details are worked out, the bill should move quickly through the state legislature.
What law protects New Jersey minors?
Currently, New Jersey protects minors under 15 from being tried as adults. Gov. Chris Christie signed a law in 2015 raising the age at which a minor can be waived from Family Court to Superior Court.
According to the Essex County Prosecutor's Office, the minor charged with shooting Azcona to death is 14 years old.
READ MORE: Sen. Cory Booker driver arrested with gun in Senate gallery
This means the teen will probably be back on the streets when he turns 18, former Monmouth County Prosecutor Christopher Gramiccioni said.
But even if Joseph's Law passed today, it would likely not apply to Azcona's accused killer.
In general, Article 1, Section 9 of the U.S. Constitution — the ex post facto clause — prevents states from passing new laws and applying them to crimes that have already been committed.
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