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November 1, 1999

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Trying Time For Judge

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R S Shankar

With several judges across America ordering that children who committed murders and serious offenses be tried as adults, a judge in Sutter County could order 14-year-old Thomas Preciado be tried as an adult, too.

Preciado was 13 when he killed Rupinder Dhillon, owner of a small store, in a botched robbery that yielded him less than $ 50.

Judge Timothy Evans, who was to announce last week his decision about trying Preciado, postponed the announcement to November 3 as the defense asked more time to argue mitigating circumstances to try Preciado as a juvenile.

If sentenced as an adult, Preciado could get a life sentence. As a juvenile convict, he could be sentenced to 20 years, and be eligible for parole in about 10 years.

Dhillon was stabbed to death. Preciado is facing charges of first degree murder, robbery and burglary.

In most American states, only those who are 18 or over are tried as adults.

Defense lawyer Roy Heuvel asked for extra time because he said Dhillon was well-liked in the community and many of her friends and relatives have prepared a college of testimony on her behalf. Heuvel also wants to present Preciado's relatives and family members.

He is also challenging an official profile of his client, arguing that the public prosecution office put it together to please the Indian community.

The Preciado decision will fuel further discussion about the way juveniles are being increasingly sentenced in many American states. Last week, a judge began hearing in Pontiac, Michigan, a case involving a 13-year-old boy who two years ago killed an 18-year-old stranger after boasting to his friends that he was prepared to kill someone. The state wants to try him as an adult.

The defense for Preciado has said that given the wide publicity the case has received in and around Yuba City, it will not be easy to get an unbiased jury pool.

Meanwhile, Dhillon's friends and relatives are expected to attend the November 3 hearing. Special security has been ordered at the small courtroom.

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