NJ can’t charge cop-killing teen as adult, so feds say they will

🚨 The 14-year-old charged with killing a Newark cop cannot be tried as an adult by NJ

🚨 U.S. Attorney Alina Habba has filed to charge him as an adult

🚨 'The message is very clear: If you’re a child, I don’t care,' Habba said.

Interim New Jersey U.S. Attorney Alina Habba says she has filed to have the 14-year-old accused of the murder of Newark police Detective Joseph Azcona charged as an adult.

Under state law, a 14-year-old cannot be charged as an adult no matter the seriousness of the crime. The suspect's identity is protected and the proceedings are not public. According to the Essex County Prosecutor's Office the teen has been charged with murder.

Habba, who assumed her temporary post on Wednesday, accompanied U.S. Marshals with the arrest of an 18-year-old who belonged to the Bloods gang, according to the New York Post. The 14-year-old belonged to the same gang.

"The message is very clear: If you’re a child, I don’t care. If you shoot a cop, you’re getting tried as an adult. I have no tolerance for violence and we’re gonna clean up New Jersey,” Habba told the Post, adding that she met Azcona’s parents at a Mass this week. “He’s 14 years old, he’s part of a gang — he shot a cop who came out to get him and the officer is now dead. He was 26 years old."

ALSO READ: NJ beauty store heist is foiled by police, 2 from NYC arrested

Certain considerations for transfer

Former Morris County Prosecutor Bob Bianchi, now head of the Bianchi Law Group, said it can be done.

"While while murder cases are typically prosecuted by the state agencies, the federal government does have jurisdiction over certain murders, for example, committed on federal property or violation of federal law," Bianchi told New Jersey 101.5. "There's a number of federal laws that may apply in this particular situation given that this was a police officer."

Bianchi said that under the federal Juvenile Delinquency Act, the government can petition the court to transfer a juvenile age 13 and over to the adult court. Certain factors need to be considered, including whether the crime was gang-related, the juvenile's record, their intellectual development and physical maturity.

New Jersey Attorney General Matt Plaktin said he has spoken to Azcona's family and understands their frustration at the state's juvenile law. His office has drafted legislation dubbed "Joseph's Law" that would give prosecutors the option to charge minors as adults in specific cases in which law enforcement officers are injured or killed.

Habba's office did not respond to New Jersey 101.5's request for comment.

Previous reporting by Rick Rickman was used in this report.

Report a correction 👈 | 👉 Contact our newsroom