An ankle monitor worn by the 13 year old suspect in Tuesday's fatal shooting of a 58-year-old man on his Mid-City stoop has pinpointed the boy at the location of the shooting when it happened, a spokeswoman for Orleans Parish Sheriff Marlin Gusman said Thursday. The ankle bracelet also helped authorities track down the boy, who was found hiding at home in eastern New Orleans after police chased down his 15 year old accomplice and got him to talk
NOPD spokeswoman Remi Braden said the 15-year-old "was very forthcoming about information about the 13-year-old. He's the one who told a detective, 'Hey, he wears an ankle bracelet.' "
Gusman's office didn't have a name, but plugged the coordinates of the shooting into its computer system for the GPS system said Lindsay Southwick, a Gusman spokeswoman.
"They found he was at that scene the time it happened," Southwick said.
Because they are juveniles, authorities have not released either boy's name.
Orleans Parish Juvenile Court Judge Mark Doherty placed the boy into the electronic monitoring program on May 16, with conditions that included refraining "from all criminal activity including possession of narcotics and weapons," attending school and adhering to an 8 p.m. curfew.
"In 13 years on the bench I have never seen a murder suspect this young," Doherty said.
The murder suspect turned 13 on Tuesday, the same day he allegedly gunned down Rafael Quintanilla shortly before 3 p.m., authorities said. Neighbors said Quintanilla was sitting on the front steps of his home in the 4000 block of Baudin Street, getting ready to shave, when he was shot. Quintanilla banged on his neighbor's door before slumping to the ground near the corner of Carrollton Avenue.
According to police, the 13-year-old pointed a .380-caliber pistol at him and demanded that he "give him everything." Before Quintanilla could respond, the boy shot him once in the stomach and both teenagers ran, police said.
Authorities said the 13-year-old has a lengthy criminal record, although those records have not been made public.
Doherty gave the boy no restrictions regarding where he could go, according to the Sheriff's Office. The office doesn't monitor juvenile anklet wearers in real time, but receives alerts when an offender veers from the restrictions or loses battery power, according to the Sheriff's Office.
They said the boy was reporting in regularly to the court as required.
In a statement, Doherty called Quintanilla's death "the result of a senseless act of violence," but said the state's judicial code of conduct bars him from discussing the case.
Derwyn Bunton, the chief public defender in Orleans Parish and a former juvenile defender, said he could count maybe a handful of murder suspects in that age group in New Orleans since 1990.
Among them was Brian Davenport, who was 14 at the time he allegedly committed a double murder in Hollygrove. Davenport was arrested last year, and after a hearing in February, Doherty ruled that he could be tried as an adult.
Beginning at age 14, prosecutors in Louisiana must show "clear and convincing evidence" that a suspect was granted a substantial shot at rehabilitation before he can be tried as an adult. But the cutoff is 14; the 13-year-old will remain in juvenile court if he's prosecuted in Quintanilla's murder.
In 2000, two 13-year-old boys were accused, and later sentenced to juvenile life terms, for shooting and severely wounding a pair of teens at G. Carter Woodson Middle School.
John Duncan was 14 when he fatally shot artist Daniel Breaux in the back of the head during Jazz Fest as Breaux was leaving the Fair Grounds and trying to shrug off a demand for his wallet.
"We've had some attempted murders and murders in that age group, but we're talking a handful," Bunton said.
Doherty, in his statement, decried what he called a lack of resources for juvenile court in New Orleans.
"... I believe this is a period of crisis in our city and no place for business as usual. The time is long over due for a full discussion of juvenile crime in New Orleans and how its juvenile justice system operates," Doherty wrote.
"Juvenile Court is supposed to be about getting young lives back on track." The goal is to use jail only as a last resort and to impose graduated sanctions based on the youth's conduct, he added.
"Being a juvenile court judge means having to balance public safety, the best interests of the youth, and the youth's constitutional rights, simultaneously.
"Unfortunately, juvenile court doesn't have enough probation officers needed to monitor and supervise each youth on probation everyday, 24-hours a day, as we all want. We don't have enough services in the community to occupy every youth's free time. We don't have the recreational resources to re-direct the energy of every adolescent who comes to court. We don't have the mental health resources to test, diagnose, and treat every youth who may have a mental health problem.
"We don't even have the educational resources to make sure that every youth in court can read and write at grade level. New Orleans didn't have enough of these resources before Katrina. Seven years after the storm, this lack of resources has only gotten worse."