The "Lighter Fluid" case comes to court

[NJFFSA16]

Judge holds competency hearing for youth

(Syracuse-AP) -- A family court judge will hear arguments today regarding the competency of an eight-year-old Syracuse boy charged with killing his brother by setting him on fire.

Today's hearing was ordered after a preliminary psychiatric
evaluation indicated the youth had a significant thought disorder
and, quote- "morbid, aggressive and bizarre thought patterns."

The boy, who hasn't been identified due to his age, has pleaded innocent to a juvenile delinquency petition charging him with
second-degree manslaughter and criminally negligent homicide.

Police say the boy doused his younger brother with lighter fluid while he was sleeping and lit it with a match.

Ny'quest Tearney suffered burns over 90 percent of his body and died three days later.

If found the youth is found competent, a trial date would be
set. If he isn't, he could be placed in state custody for 18 months
with the option to extend the placement for one-year periods until
he's 18.


(Copyright 2002 by The Associated Press.

[NJFFSA16]

SYRACUSE, N.Y. (AP) - Doctors have determined that an 8-year-old
boy charged with setting fire to and killing his younger brother is
mentally incapacitated and presently not able to understand or
participate in the proceedings against him.
"The evidence is unanimous that this young man is
incapacitated," Onondaga County Family Court Judge Robert Rossi
said during a hearing Wednesday.
The youngster will continue to be held at the Hutchings
Psychiatric Center in Syracuse where he is undergoing treatment.
Rossi scheduled another hearing Oct. 1 to determine whether there
is any improvement in the boy's mental condition by then or whether
he should be remanded over to the state for placement in a mental
health facility.
Meanwhile, a hearing was scheduled for Tuesday in state Supreme
Court, where state lawyers representing Hutchings are seeking court
consent to give the boy medication over the objections of his
family.
In court, the boy's mother, Tanya Tearney, told Rossi she feared
the potential side effects of the drugs.
"I understand they have to do things their way but I'm not sure
the medication is a good idea for him," she said.
The boy is charged in a juvenile delinquency petition with
second-degree manslaughter and criminally negligent homicide in
connection with the death of his 4-year-old brother, Ny'Quest
Tearney. Authorities have not publicly identified the boy because
of his age.
According to police, the older brother, who was 7 at the time,
doused Ny'Quest with charcoal lighter fluid while he was sleeping
and lit it with a match. Tearney died at a Boston hospital three
days after the June 22 attack from second- and third-degree burns
that covered more than 90 percent of his body.
On Wednesday, Rossi accepted reports from three psychologists
who examined the older brother. All three, including one hired by
the boy's law guardian, concluded that he was not mentally able to
understand the charges against him or participate in his own
defense.
Dr.Martin Irwin found that the boy suffered from, among other
things, "delayed language comprehension, relationship disturbance
and hyperactivity."
Dr. Irene Stern also noted the boy's "low receptive language
abilities," as well as his "low intellectual functioning ... and
suspected psychotic processes."
Dr. Isabella Rauh-Ivers, who examined the boy for the law
guardian, concluded the youth could not "effectively and
meaningfully" relate to other people.
Law guardian Lucia Whisenand said Rauh-Ivers recommended that
medication and treatment might help improve the boy's mental
condition.
"It's clear his thought processes are confused, but we're not
sure if it is because of underlying mental health problems or
because of the trauma he's experienced because of his brother's
death and the separation from his family," Whisenand said.
Whisenand said the older brother withdraws whenever he is asked
to talk about his brother's death.
If the boy's mental condition does not improve, he could be
placed in a residential mental health facility for 18 months with
options to extend the placement for additional one-year periods up
to his 18th birthday.
Also, Rossi could order the delinquency petitions dismissed, but
allow prosecutors the right to refile them later if the boy's
mental state improves. If that occurs, the case would go forward
and a trial date would be set.
During a trial, the law guardian could again raise the issue of
mental disease or defect that would make him not responsible for
his conduct. Such a finding also could result in the boy being
placed with the state mental health agency.

(Copyright 2002 by The Associated Press

[MalahatTwo7]

Very intersting article NJ. I like the way that they refused to publish the boy's name, but his brother and Mother's name could be listed... just another case of protecting the "Innocent" once again by the media.

[Temptaker]

NJ

Thank you for posting these articles. I have to say that I am suprised at the amount of information that was released, assuming that it is relatively accurate. They indicate that the boy has psychotic tendencies, but not sociopathic because he withdraws when confronted with his brothers death.

Weren't there other articles published about this case a few months back that indicated this was not the first time this boy tried to set things on fire?

[NJFFSA16]

Medication hearing for boy postponed

SYRACUSE, N.Y. (AP) - A hearing to decide whether to
institutionalize and medicate an 8-year-old boy accused of killing
his younger brother was postponed Tuesday for one week.
Attorneys for the state and the boy's mother appeared before
state Supreme Court Justice John Centra and agreed to the
adjournment, hoping an end to their impasse can be reached in the
meantime.
The state is seeking to force the boy to stay at Hutchings
Psychiatric Center for treatment with medication, over his mother's
objections.
"A whole lot can happen in a week," Winthrop Thurlow,
assistant attorney general for the Syracuse area, said. "We're
hopeful we can resolve it. It's important to us that all interested
parties are able to reach a resolution that's in the best interests
of the child. We are committed to a continuing dialogue."
The boy is charged in a juvenile delinquency petition with
second-degree manslaughter and criminally negligent homicide in
connection with the death of his 4-year-old brother, Ny'Quest
Tearney. Authorities have not publicly identified the boy because
of his age.
According to police, the older brother, who was 7 at the time,
doused Ny'Quest with charcoal lighter fluid while he was sleeping
and lit it with a match. Tearney died at a Boston hospital three
days after the June 22 attack from second- and third-degree burns
that covered more than 90 percent of his body.
Three psychologists who examined the boy for Family Court
proceedings, including one hired by his law guardian, concluded
that he is presently not mentally able to understand the charges
against him or participate in his own defense. They said he had a
"significant thought disorder" and "morbid, aggressive and
bizarre thought patterns."
The doctors recommended that medication and other treatment
might help improve the boy's mental condition. He has been held at
Hutchings since the incident.
Doctors are not sure whether there are underlying psychiatric
problems or if the boy is suffering from trauma over the fire and
separation from his family.
The boy's family, afraid that medication could cause more trauma
and affect the boy's health, would like doctors to try alternatives
to medication first, such as group therapy with his parents.
Thurlow said the boy has not been given any medication since his
brother's death.
"He is receiving the best, most appropriate care for him,"
Thurlow said.

(Copyright 2002 by The Associated Press