Jacen Pearson will spend five years in juvenile detention for the February shooting death of his stepfather

Chariton, Ia. - A judge on Tuesday rejected family members' request that a private attorney represent a 12-year-old boy accused of murder.

For now, a public defender will represent Jacen Paul Pearson, who last week was charged with first-degree murder in the Feb. 10 shooting death of his stepfather, Todd Alan Peek of rural Chariton.

Both William Kutmus, the Des Moines attorney Pearson's family wants to hire, and a Drake University law professor said District Judge Monty Franklin's ruling was unusual.
Also Tuesday, Cindy Smalley, Pearson's maternal grandmother, told The Des Moines Register that she alerted the Iowa Department of Human Services last year that Pearson was abused by Peek.

Last week, Pearson's paternal grandmother, Shirley Pearson, told the newspaper that she complained numerous times to DHS officials that Peek abused the child.

But Shirley Pearson and Smalley said Tuesday that they were told by DHS that they were being overprotective grandparents.

Shirley Pearson said she made a report after she saw marks on Jacen Pearson's arms from where Todd Peek had allegedly grabbed the boy.

Smalley said, "I haven't seen too much physical (abuse), but a lot of emotional."

Last week Roger Munns, a DHS spokesman, declined to comment on whether the agency had received abuse complaints about Todd Peek. He said in a statement, "The DHS does not ask a juvenile court to remove a child from a family unless workers believe the child is in imminent danger."

On Tuesday, Shirley Pearson and Smalley told Judge Franklin that Jacen Pearson's biological parents want Kutmus to represent the boy.

Pearson faces a first-degree murder charge in juvenile court for Peek's death. The boy also faces attempted murder charges for allegedly trying to kill his mother and 5-year-old half sister.

"I definitely want these lawyers representing him, as do both parents," Smalley said after the hearing. "It's so he can get the help he needs. The system has failed us."

Smalley said she is angry that Pearson's court-appointed attorney, Jane Rosien of Winterset, waived a detention hearing that could have freed Pearson from the Polk County Juvenile Detention Center in Des Moines.

Rosien could not be reached to comment.

Rosien filed the waiver - which included Jacen Pearson's signature - on Tuesday. Attorney Trever Hook contacted Rosien on Friday and said he told her that he and Kutmus were going to represent Jacen Pearson and that they favored to having the detention hearing.

"He's only 12," Smalley said. "Lord knows if he knew what he was signing."

Franklin rejected Kutmus's request during a closed-door meeting Tuesday. Franklin later ruled in open court that Kutmus has one week to submit a written argument on the issue.

The judge's decision mystified Kutmus, who said it "quite literally shocked me."

"I have been practicing law in juvenile and adult courts in Iowa for 40 years and have never been told I can't represent someone when the client or the family of the client is willing to pay for my representation. I just don't understand it," Kutmus said.

Pearson's family retained Kutmus and Hook on Friday.

Judge Franklin declined to comment on the ruling, but he may have revealed part of his reasoning in the courtroom when he corrected Kutmus who referred to Pearson as "the defendant." Franklin interjected, "The child."

Robert Rigg, director of the criminal defense program at Drake University, said that he also doesn't understand the decision.

"I have never heard of something like this," Rigg said. "As long as Bill Kutmus is licensed to practice in Iowa and he would be paid by the client or the client's family, I don't see how a court-appointed lawyer could remain as the counsel."

Rigg said that he practiced in the public defenders office for six years and "the rule always was that if a client got a lawyer who would be paid privately then we were out of the case."

Rigg added, "It would seem to me that the family should be allowed to have the lawyer that they want in this kind of circumstance."

State law permits a judge to appoint an attorney at taxpayers' expense when "it is determined that the parent, guardian, or custodian cannot pay any part of the expenses of counsel to represent the child."

Those expenses are paid by the county.

Iowa law appears to be silent on whether a judge can direct a court-appointed lawyer to continue in a case when a child's family asks that a privately retained lawyer take it over.

Pearson's father, Paul Pearson, lives in Ohio. Paul Pearson's mother, Shirlee Pearson, spoke on his behalf on Tuesday.

A total of 13 extended family members of Jacen Pearson rallied behind him Tuesday at the Lucas County Courthouse while funeral services for Peek were held in Davenport.

"It wasn't a question of where we'd be. We support this 12-year-old boy," said Dan Boyd of Boone, who is Pearson's uncle.

Boyd said the family had already attended a visitation for Peek.

Pearson cannot be tried in adult court because he is younger than 14.

His family says he needs help to overcome years of verbal abuse from Peek.


But Shirley Pearson and Smalley said Tuesday that they were told by DHS that they were being overprotective grandparents.
This makes me so :mad:

[You must be registered and logged in to see this image.] Todd Peek died from a gunshot would to his upper body Wednesday. His step-son, Jacen Pearson, is the only suspect in the case.

In a blast of gunfire late Wednesday afternoon, a 12-year-old middle school boy who loved fishing, baseball and soccer became the lone suspect in the shooting death of his step-father and the wounding of his 5-year-old half-sister.

Jacen Paul Pearson remained at the Polk County Juvenile Detention Center Thursday, a day after Iowa Division of Criminal Investigation agents say he shot and killed Todd Peek and wounded Peek’s daughter, Cheyanne Peek.

Authorities didn’t charge Pearson with a crime Thursday as they sought clues in the sudden shattering of a blended family on the outskirts of Chariton, a Lucas County town of about 4,600.

“We’re exploring every avenue,” DCI Special Agent Michael Motsinger said. “At this time, we’re not going to get into the specific details of the case or speculate on motive” but Pearson remained the only suspect in the shooting.

Lucas County Sheriff’s deputies and Chariton police responded to a 911 call at 20968 475th St. shortly before 5:30 p.m. Wednesday.

They found Todd Peek dead from a gunshot wound to his upper body and Cheyanne with a wound to the leg.

Cheyanne was eventually transported to Mercy Medical Center in Des Moines. Her condition was not made public, but Motsinger said her injuries were not believed to be life-threatening.

Authorities found Pearson about three-quarters of a mile from his home. Motsinger declined to specify where the boy took refuge.

Sarah Peek — Todd Peek’s wife and Jacen’s mother — and her other daughter, age 7, were home at the time of the shooting. Someone in the house called 911, but authorities declined to say who made the call.

The gun used in the crime was found in the residence, but Motsinger declined to say what type of weapon it was, who owned it or specify how many shots were fired.

Shirley Pearson, Jacen’s grandmother, said told The Des Moines Register Thursday that she believed that Todd Peak kept a handgun in the house. She said that her grandson told one of his uncles about a gun in the house.

“I was talking to one of my other sons and he told me that Jacen mentioned to them something a few years back,” she said. “Jacen said that Todd always slept with a gun under his pillow.”

Authorities indicated charges against Jacen Pearson could come as early as this morning. The Lucas CountyCourthouse was closed Thursday due to mandatory furloughs ordered because of the state budget shortfalls.

On Thursday, some remembered Todd Peek as a caring father and good baseball coach.

Others, however, painted a picture of an abusive step-father who berated and physically abused Pearson.

Rich Pace worked with Peek for the past year in Albia at RELCO., a locomotive repair company. The two men commuted together daily to their jobs and talked often about baseball.

“I was in total shock,” Pace said when he heard the news of Peek’s death. “Todd was a very nice guy. He’d do anything for anybody.”

Shirley Pearson told The Register she repeatedly tried to have state authorities remove Pearson from the home.

Domestic fights brought police to the Peek household in 2006 and 2008, records show. In October 2006, officials said Sarah Peek called for help.

Records kept by the Iowa State Gaming and Racing Commission show Sarah Peek has a license to work at Terrible’s Casino in Osceola. Commission officials provided no additional information citing privacy laws.

Few in Chariton spoke publicly about the family Thursday. Grief counselors were at Chariton Middle School Thursday and law enforcement officials interviewed some students.

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[You must be registered and logged in to see this image.] The body of Tony Peek, 37, was found in this rural home near Chariton, Iowa, on Wednesday. His 12-year-old stepson has been charged with murder.

A 12-year-old boy was charged Friday with murder and other counts in a shooting that killed his stepfather and wounded a girl in Iowa.

Authorities responded to a shooting Wednesday afternoon in Chariton, about 40 miles south of Des Moines. When they arrived at the white farmhouse south of town, they found the body of Todd Peek, 37, who authorities say was shot in his upper body.

Authorities said 5-year-old Cheyanne Peek was also found in the home with a gunshot wound to the leg. She was taken to a Des Moines hospital. On Friday, the hospital said it had no listing for the child but would not comment further and it was unclear if she had been released. Lucas County Attorney Paul Goldsmith declined to comment on the girl or her condition.
The boy's mother, Sarah Peek, 33, and another girl, age 7, were in the home at the time of the shooting, police say, but neither was wounded. Someone in the house called 911, but authorities declined to say who made the call or provide more details about the shooting.

The 12-year-old boy was seen leaving the house after the shooting and was later found about a half mile away and taken into custody, authorities said. Michael Motsinger of the Iowa Division of Criminal Investigation has declined to specify where the boy was found.

The gun used in the crime was found in the home, but Motsinger also declined to identify the weapon, who owned it or how many shots were fired.

The boy was charged with first-degree murder for "willfully, deliberately and with premeditation" killing Peek, according to documents filed in Lucas County juvenile court by Goldsmith.

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Thanks for adding more articles BJ.

Thank You all for bringing this to VH. I didn't know the family, but this case is so close to home. My son and his family live in Chariton, and my Grandson is a city police officer there. When something like this happens it affects you even when you don't the people who lived down the street.

Yes Marica our neck of the woods. I was not going to post it until I read the article on how the Judge refused to let his family hire a private attorney. What is up with that? It is just unbelievable. You can bet when I vote next and see this Judge on the list I am voting NO.

Investigators who searched the house and school locker of a 12-year-old Chariton boy accused of first-degree murder found a photo with a female’s face scratched out and a notebook of drawings that are potentially tied to the crime, according to search warrants’ inventory list filed with Lucas County’s clerk of courts.

The items are among the pieces of evidence collected last week with two search warrants after Jacen Paul Pearson allegedly shot and killed his stepfather, Todd Alan Peek, in their rural Chariton home on Feb. 10.

County and state investigators searched the family’s home at 20968 475th St. in rural Chariton after the shooting, which was reported at about 5:30 p.m. on Feb. 10. County and local law enforcement searched two lockers the next day at Chariton Middle School and interviewed students.

Investigators collected three sets of evidence, according to the search warrant documents:

• Pearson’s clothes, fingerprints and DNA. Investigators swabbed the inside of Pearson’s cheek for DNA, fingerprinted him and took the clothes he was wearing on Feb. 10 which included: A coat, sweatshirt, sweatpants, T-shirt, socks and Nike shoes. Pearson allegedly fled the home after the shooting and was found about a half mile away.

• From the house, The Iowa Division of Criminal Investigation took a photograph with an unidentified female’s face scratched out, schoolwork, paperwork from Pearson’s school in the master bedroom and a photo of Pearson.

• At the middle school, investigators searched two adjacent lockers and took a spiral notebook with drawings and four sheets of paper with drawings that were stapled together. The search warrant did not describe what the drawings depicted.

A judge has rejected a request by family members that a private attorney represent a 12-year-old Chariton boy accused of killing his stepfather.

The boy is charged in juvenile court with first-degree murder in the Feb. 10 shooting death of Todd Peek. He also faces charges for allegedly trying to kill his mother and a five-year-old girl.

The boy's family wants Des Moines attorney William Kutmus to represent the child. A judge on Tuesday rejected the request. For now, a public defender will represent the boy.

The child's court-appointed attorney, Jane Rosien (rose-EEN'), waived a detention hearing on Tuesday. The boy remains in a juvenile detention center in Des Moines.

The Associated Press does not name juveniles charged in a crime.

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A judge has rejected a request by family members that a private attorney represent a 12-year-old Chariton boy accused of killing his stepfather.
The boy's family wants Des Moines attorney William Kutmus to represent the child. A judge on Tuesday rejected the request. For now, a public defender will represent the boy.

I don't understand this at all, don't we all have the right even in Iowa to hire our own council?????

by raine1953 on Thu Feb 18, 2010 1:24 am A judge has rejected a request by family members that a private attorney represent a 12-year-old Chariton boy accused of killing his stepfather.
The boy's family wants Des Moines attorney William Kutmus to represent the child. A judge on Tuesday rejected the request. For now, a public defender will represent the boy.
I don't understand this at all, don't we all have the right even in Iowa to hire our own council?????

A judge today rejected family members’ request that a private attorney represent a 12-year-old boy accused of murder.

For now, a public defender will represent Jacen Paul Pearson, who last week was charged with first-degree murder in the Feb.10 shooting death of his stepfather, Todd Alan Peek of rural Chariton.

Both William Kutmus, the Des Moines attorney Pearson’s family wants to hire, and a Drake University law professor said District Judge Monty Franklin’s ruling was unusual.

Today, Shirley Pearson and Smalley told Judge Franklin that Jacen Pearson’s biological parents want Kutmus to represent the boy.

“I definitely want these lawyers representing him, as do both parents,” Smalley said after the hearing. “It’s so he can get the help he needs. The system has failed us.”

Smalley said she is angry that Pearson’s court-appointed attorney, Jane Rosien of Winterset, waived a detention hearing that could have freed Pearson from the Polk County Juvenile Detention Center in Des Moines.

Rosien could not be reached to comment.

Rosien filed the waiver — which included Jacen Pearson’s signature —today. Attorney Trever Hook contacted Rosien on Friday and said he told her that he and Kutmus were going to represent Jacen Pearson and that they favored to having the detention hearing.

“He’s only 12,” Smalley said. “Lord knows if he knew what he was signing.”

Franklin rejected Kutmus’s request during a closed-door meeting Tuesday. Franklin later ruled in open court that Kutmus has one week to submit a written argument on the issue.

The judge’s decision mystified Kutmus, who said it “quite literally shocked me.”

“I have been practicing law in juvenile and adult courts in Iowa for 40 years and have never been told I can’t represent someone when the client or the family of the client is willing to pay for my representation. I just don’t understand it,” Kutmus said.

Pearson’s family retained Kutmus and Hook on Friday to represent the boy.

Judge Franklin declined to comment on the ruling, but he may have revealed part of his reasoning in the courtroom when he corrected Kutmus who referred to Pearson as “the defendant.” Franklin interjected, “The child.”

Robert Rigg, director of the criminal defense program at Drake University, said that he also doesn’t understand the decision.

“I have never heard of something like this,” Rigg said. “As long as Bill Kutmus is licensed to practice in Iowa and he would be paid by the client or the client’s family, I don’t see how a court-appointed lawyer could remain as the counsel.”

Rigg said that he practiced in the public defenders office for six years and “the rule always was that if a client got a lawyer who would be paid privately then we were out of the case.”

State law permits a judge to appoint an attorney at taxpayers’ expense when “it is determined that the parent, guardian, or custodian cannot pay any part of the expenses of counsel to represent the child.” Those expenses are paid by the county.

But state law appears to be silent on whether a judge can direct a court-appointed lawyer to continue in a case when a child’s family asks that a privately retained lawyer be allowed to take it over.

“Quite frankly, I have really never heard of anything like this happening,” Rigg said. “It would seem to me that the family should be allowed to have the lawyer that they want in this kind of circumstance.”

Pearson cannot be tried in adult court because he is younger than 14. His family says he needs help to overcome years of verbal abuse from Peek.

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Still not understanding it completely.......

Pearson’s paternal grandmother, Shirley Pearson, on behalf of the boy’s biological parents, said the family wanted Des Moines attorney William Kutmus to defend Beal.
Kutmus’ partner, Trevor Hook, notified Rosien Friday that they intended to represent the boy, but Judge Franklin on Tuesday rejected he request and ruled Kutmus had one week to submit a written argument on the issue.
Kutmus told the Des Moines Register that it was the first time in 40 years of practicing juvenile and adult law that he had been told by the court he couldn’t represent a client willing to pay for his services.
Read the February 18, 2010 edition of the Chariton Herald-Patriot for the rest of the story.

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Linda, Had an email today from Kim Reynolds, State Senator, who wrote of her work to allow Iowan's to be able to vote about how to define marriage.. blah blah blah, and also about the medical marijuana... How thrilling.. I have written her before and asked about better laws to protect our children, ... no response of course. This insanity, that a judge would deny the family of this child the right to choose and pay for an attorney for him makes my blood boil. In my opinion there are a number of judges in Iowa, who I would love to see back on bar stools holding court. Gonna sharpen my pencil up good and be ready to make a nice black check on the ballot next time certain names appear.

I know from experience how hard it is to get a young person behind bar's the mental health help they need. He needs a good lawyer. Not saying a court appointment lawyer would be a bad thing. But look at his picture. He is just a boy. He can't be tried as an adult because of his age. He is not old enough to make important decisions and his family should be allowed to hire a private attorney. Why would the tax payers want to pay for an attorney if the family wants to hire a private one? I have already sent a letter off to this Judge.

Sarah Pearson saw her 12-year-old son shoot her husband late on the afternoon of Feb. 10, according to search warrant documents filed with Lucas County's clerk of court.

About 50 minutes after the shooting, the boy - Jacen Paul Pearson - was found in a tree stand about a half mile away from the rural Lucas County residence, the documents say.

When law enforcement authorities arrived at the house, they found Todd Peek, Jacen Pearson's stepfather, on the floor with a gunshot wound to the chest. A handgun was on the floor next to Peek, according to the documents. Investigators also found two rounds of ammunition on the floor, one of which had been fired.

Pearson has been charged in juvenile court with first-degree murder in connection with the shooting death of Peek. The boy also faces attempted murder charges for allegedly trying to kill his mother and 5-year-old half sister.
According to the search warrant documents, Lucas County dispatchers received a 911 call from the Peek residence "reporting that an adult male had sustained a gunshot wound." The call was received at 5:24 p.m. Feb. 10. The caller was not identified.

When law enforcement officials arrived at the house, "a witness, Sarah Peek, identified the shooter ... as her son," the documents say.

Todd Peek owned a handgun that was confiscated in October 2006 after he was arrested for alleged domestic abuse; the charge was later dropped and the gun returned. It's not clear whether that was the gun used in last week's shooting.
County and state investigators searched the Peek's residence after the shooting. County and local police on Feb. 11 searched two lockers at Chariton Middle School.

Investigators collected three sets of evidence, according to the search warrant documents, including:

- Pearson's clothes, fingerprints and DNA. Investigators swabbed the inside of Pearson's cheek for DNA, fingerprinted him and took the clothes he was wearing on Feb. 10 - a coat, a sweatshirt, sweatpants, a T-shirt, socks and Nike shoes.
- From the house, the Iowa Division of Criminal Investigation took a photograph with an unidentified female's face scratched out, schoolwork, paperwork from Pearson's school and a photo of Pearson.

- At the middle school, investigators took a spiral notebook with drawings and four sheets of paper with drawings that were stapled together. The search warrant did not describe what the drawings depicted.

State law requires that Pearson, because of his age, be tried in juvenile court.
Pearson is being held in the Polk County Juvenile Detention Center in Des Moines.

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The family of teenager Jacen Paul Pearson - accused of killing his stepfather - is battling over who should represent the boy in court.

In addition, Pearson's mother, Sarah Peek, has asked a judge to prohibit the boy's maternal grandmother from visiting him. The court revoked the grandmother's visiting privileges Monday, the day Pearson turned 13.


Among developments Wednesday:

• Sarah Peek, in her first interview since the shooting, blamed Pearson’s biological father for the boy’s problems and said, “I love my son to death.”

• Pearson’s biological father complained that Peek would not allow him to play a larger role in his son’s life.

• And lawyer William Kutmus contended that Peek wants her son to be punished for killing her husband, and that’s why she won’t allow Kutmus to represent Pearson, who now has a court-appointed attorney.

Pearson is charged in juvenile court with first-degree murder in the Feb. 10 shooting death of Todd Peek in the family’s rural Chariton home. Pearson also faces attempted murder charges for allegedly trying to kill his mother and his 5-year-old half sister.

Pearson was moved to the State Training School for Boys in Eldora this week for a “comprehensive inpatient examination” for up to 30 days, court records show.

Pearson’s family is publicly split on the question of who should represent the boy. District Judge Monty Franklin appointed a Winterset lawyer to defend Pearson, but Pearson’s extended family hired Kutmus for the job, instead.
Paul Pearson, the boy's biological father and other legal guardian, said he received notice that he has no say in the matter because he owes thousands of dollars in unpaid child support.

Sarah Peek is barred from visiting or speaking with her son because she witnessed the shootings, but she told the Register she prefers the court-appointed attorney, Jane Rosien.

Kutmus contended in a legal brief filed Wednesday that Peek wants Jacen punished.
Peek "perceives that a court-appointed lawyer would 'roll over' for her and would not zealously defend her child," Kutmus wrote. "She has blatantly convicted her son of the murder of her husband."

Kutmus cited a letter that Todd Peek's family sent to the Register last month that defended Peek against accusations that he was verbally and, perhaps, physically abusive to Jacen Pearson. The letter said "justice must be served. Jacen needs to be held accountable for his actions."
Sarah Peek's name was signed to the family letter.

"Because of this recent revelation, the mother should play no part in the selection of the representation of her son," Kutmus said. "Her loyalty is to her emotions and not to the best interests of her son."

Sarah Peek said Kutmus is wrong.

"It's not that I want him punished; it's I want him to get help," she said. "Jacen has been through a lot. I just want him to know what he did wrong, and he's got to pay the consequences, but he needs help."
Court records and Register interviews disclose the struggle among Pearson's family about the boy.

Here's how the feud has played out:

- Feb. 11: The day after the shooting, Pearson's paternal grandmother, Shirley Pearson, told the Register that Todd Peek was abusive to the boy and that she had reported the abuse to the Department of Human Services. The department could not substantiate the claims.

His maternal grandmother, Cindy Smalley, would later tell the Register that she also told DHS that Peek abused the boy.
- Feb. 16: Pearson's grandmothers asked Judge Franklin to allow Kutmus to defend the boy in juvenile court.

Franklin initially rejected the idea but has since allowed Kutmus and others to submit written arguments on the matter.

The grandmothers said their request for a privately retained attorney was made on behalf of Pearson's parents, both Sarah Peek and Paul Pearson.

Smalley told the judge that Sarah Peek, her daughter, told her she wanted Kutmus to represent the boy. Peek is said to have made the statement to Smalley while they were at a Des Moines hospital with Peek's daughter, who was recovering from a gunshot wound to the foot. Jacen Pearson is accused of shooting the girl.
A total of 13 of Pearson's extended family members went to the Lucas County Courthouse that day to show support for the boy while Todd Peek's funeral was held in Davenport. Sarah Peek attended the funeral.

- Feb. 17: Judge Franklin granted Smalley the privilege to visit Jacen Pearson at the Polk County Juvenile Detention Center at the request of Rosien, Pearson's court-appointed attorney.

Pearson "strongly desires to have contact with his maternal grandmother, Cindy Smalley," Rosien said in a written request. They "have had (a) close and meaningful relationship in the past."
The judge stipulated that Smalley's contact with Pearson be supervised and that "there shall be no mention, discussion or reference" to the shooting during visits.

- Feb. 20: In a letter to the Register, Sarah Peek and Todd Peek's family said Pearson "cold-heartedly with premeditation and malice assassinated" Peek.

- Feb. 23: In a letter to Judge Franklin, Sarah Peek asked that Rosien represent her son. Peek reaffirmed the request in a sworn statement the next day and said she did not hire Kutmus.
She also said that Paul Pearson "has not had anything to do with his son ... and he does not pay child support," according to court documents filed by Lucas County Attorney Paul Goldsmith.

Paul Pearson said Wednesday that he wanted custody of the boy, but Peek has prevented him from playing a bigger role in his son's life.

"I've always been working toward getting custody, but trying to start my own family, it's been hard to save up to pay the lawyers," Pearson said.
The judge denied a request from the Register this week to release the details of Peek's letter and sworn statement. Through a court clerk, Franklin said Iowa law allows him to keep the documents confidential.

- Feb. 25: Rosien requested that Franklin appoint someone to "represent the interests" of Pearson - what's referred to as a guardian ad litem - because Pearson's mother will be a "key prosecutorial witness" and because Pearson's father has had no contact with the boy for more than two years. Franklin named a guardian ad litem the next day.
- Monday: Franklin revoked the visitation privilege of Smalley after Sarah Peek "contacted the court requesting that this visitation be stopped (because) she does not feel it is in the best interest of her son," court records said.

No family members are currently allowed to visit the boy.

Peek said in an interview that the reason she requested that her mother not be allowed to see the boy is that "right now he needs to concentrate on getting help."
Kutmus continues to seek approval from Judge Franklin to defend Pearson.

Goldsmith, Lucas County's prosecutor, said Tuesday that Rosien should continue to represent the boy.

It's not known when Franklin will make a decision on the matter.

Pearson, who was 12 when he allegedly shot and killed Todd Peek, cannot be tried in adult court because of his age.

Goldsmith has asked that Pearson be classified as a youthful offender because "there are not reasonable prospects for rehabilitating the child" before Pearson turns 18.
Youthful offenders can face punishment - including prison time - after they become adults.

Juvenile offenders are discharged from the juvenile system at age 18.

A court hearing on that matter has been set for March 19.

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Jacen Pearson talked to his mother Friday for the first time since he allegedly shot and killed his stepfather more than two months ago.

Pearson, 13, exchanged glances and an occasional smile with other relatives during a court hearing at the Clarke County Courthouse, during which a judge reinstated his maternal grandmother's privilege to visit him at the State Training School for Boys in Eldora.

After the hearing, the judge let Pearson meet privately with his mother, Sarah Peek, for about 30 minutes.

"He said he misses me and he loves me, and I told him I love him, too," Peek said later in a telephone interview with The Des Moines Register. "He was teary eyed. I cried. ... We hugged, and he said I was squeezing him to death."

Pearson is charged in juvenile court with first-degree murder for Todd Alan Peek's death on Feb. 10 in their rural Chariton home. The boy, who was 12 at the time of the crime, also faces attempted murder charges for allegedly trying to kill his mother and 5-year-old half sister.
Pearson has been held at Eldora since early March, when District Judge Monty Franklin ordered the boy to undergo a 30-day evaluation. The results of the evaluation will help Franklin determine whether Pearson should face a trial in adult court as a youthful offender. That decision is expected in June.

Franklin on Friday prohibited mother and son from discussing the shooting. Sarah Peek said the two gave each other life updates.

Peek said her son told her that he doesn't like the food in Eldora, but that he's made a lot of friends and learned to play poker.
"He says, 'Mom, I'm just a card shark now,' " Peek said. "I told him that his sisters are about to start softball, and he said he's going to miss" playing in Little League.

Pearson played on a baseball team that Todd Peek coached.

Pearson's court-appointed attorney, Jane Rosien, had asked Franklin to transfer Pearson to a juvenile shelter for the duration of his juvenile court case. She withdrew the request Friday because none of the shelters she contacted could accommodate the boy's special visitation restrictions.
Cindy Smalley, the boy's maternal grandmother, is the only one who can visit or write Pearson. They're not allowed to discuss the shooting, nor Todd Peek or his family. All communication will be supervised.

Smalley said she had seen Pearson up to 10 times before visitation was revoked - partly at Sarah Peek's request - when Pearson was transferred from the Polk County Juvenile Detention Center in Des Moines to Eldora.

Sarah Peek told the Register last month that she didn't want her mother to see Pearson because "right now he needs to concentrate on getting help." On Friday, she did not object to the visits.[You must be registered and logged in to see this link.]

Jacen Pearson, a 12 yr old, shot and killed his step-dad in Feb.


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Timeline below

Feb. 10: Todd Alan Peek dies from a gunshot in his rural Chariton home. His 5-year-old daughter, Cheyanne, is shot in the foot and recovers. Jacen Pearson is found hiding a half-mile from the home. He is taken to the Polk County Juvenile Detention Center in Des Moines.

Feb. 12: Jacen is charged with murder in Todd Peek’s death and two counts of attempted murder for allegedly trying to kill half-sister Cheyanne and his mother, Sarah Peek.

Feb. 16: Jacen’s grandmothers ask District Judge Monty Franklin to let a Des Moines lawyer defend the boy in juvenile court. The judge denies the request, in favor of an attorney of his choice.

Feb. 22: The Lucas County attorney asks the judge to prosecute Jacen as a youthful offender, which means he would face a murder trial in adult court but would remain in the juvenile justice system until he turns 18. After that, he could face further punishment.

Feb. 25: Jacen’s lawyer asks the judge to appoint someone to “represent the interests” of Jacen — what is referred to as a guardian ad litem — because Jacen’s mother will be a “key prosecutorial witness” and because Jacen’s father has little contact with the boy. The judge names a guardian the next day.

March 1: The judge revokes visitation for Cindy Smalley, Sarah Peek’s mother, after Peek “contacted the court requesting that this visitation be stopped (because) she does not feel it is in the best interest of her son,” court records said. Jacen is sent to the State Training School for Boys in Eldora for a 30-day evaluation. Jacen turns 13.

Early April: Jacen is transferred to the Central Iowa Juvenile Detention Center in Eldora.

April 23: Jacen appears in court for the first time since the shooting. The judge reinstates Smalley’s visitation privileges.

Wednesday: Jacen’s attorney asks the judge to dismiss the county attorney’s request to try Jacen as a youthful offender because it would be “cruel and unusual punishment,” among other reasons. The judge agrees to rule on the request later this month. A two-day hearing to decide whether Jacen should be tried as a youthful offender is set to begin June 22.

You have to read the story. I am simply to angry to try to discuss this right now. Pay close attention to the size of this child. He is seen leaving the Clarke County Iowa Courthouse with three adults.

I have finally calmed down a bit and will try to discuss this a bit more. Wen you read the story published in the Des Moines paper I think you will see this child was not protected as he should have been. He tried to tel people how bad things were in his home environment. Those who listened and tried to help could get those who could have helped to do anything. This boy, although he is now 13, is very small for his age. Defending himself against an adult was more than he could handle. The boy knows right from wrong, but so did the adults in his life. Most of all his Mother, who admits the boy wanted to go live with his Dad. I would bet a child support check was more important to her than seeing her son abused emotionally, verbally, and possibly physically. The boy says he was choked, the Mom says she doesn't believe him.

Jacen Pearson and juvenile court officials leave the Clarke County Courthouse in Osceola on April 23, after Jacen’s first court appearance.

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Sarah Peek testified in court last week that her 13-year-old son was verbally abused in her house for years before he allegedly shot and killed his stepfather in February, the boy's father said Monday.

Peek was among a handful of witnesses who testified at a two-day, closed-door hearing last week to decide whether Jacen Pearson of Chariton should face a murder trial in adult court as a youthful offender for the crime.

Paul Pearson, Jacen's father who traveled from Ohio to attend the hearing, said he and Sarah Peek were the only members of the public allowed in the courtroom for the duration of the hearing.

"Sarah admitted that Jacen was abused," Pearson said. She said Jacen's stepfather, Todd Peek, "would grab him, put him against the wall and yell at him. ... She said he was verbally abusive toward her, too."

Sarah Peek previously told The Des Moines Register that Jacen was not abused. She declined to comment for this article after Lucas County Attorney Paul Goldsmith told her not to talk to reporters anymore, she said.
Jacen Pearson is charged in juvenile court with first-degree murder for the Feb. 10 shooting death of Todd Peek in their rural Chariton home. He also faces attempted murder charges for allegedly trying to kill Sarah Peek and his younger half-sister.

State documents show the Peeks were investigated at least six times in the last seven years after family members and school officials reported possible abuse. Jacen told a school counselor in October that Todd Peek had choked him, the documents said, but the allegation could not be proven because Jacen had no bruises.
Paul Pearson said a psychologist who evaluated Jacen testified at the hearing that the boy likely suffers from post-traumatic stress disorder because of the abuse, and that it could have caused Jacen to kill Peek.

In Iowa, children 14 and older can be prosecuted as adults. Jacen was 12 at the time of the shooting.

The youthful offender provision was adopted in 1997 by Iowa lawmakers as a way to punish children younger than 14 who commit heinous crimes. Youthful offenders are tried in adult court but remain under the jurisdiction of the juvenile justice system until they turn 18, when they can face further punishment as adults.
Paul Pearson was allowed to eat with Jacen during lunch breaks from the hearing, he said. The two reminisced about past summer visits, and Jacen was upbeat, Pearson said.

Jacen spent most of his time at the hearing drawing army men on a piece of paper, he said.

Pearson said District Judge Monty Franklin plans to issue a ruling on whether Jacen will be tried as a youthful offender by July 16. If Jacen is tried as a juvenile, he faces no punishment for the crime after he turns 18.
"It should go in Jacen's favor as a juvenile" based on the testimony last week, Pearson said.

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I damn sure wouldn't want to live in Iowa. DCF or whatever it's called had been to the house and said all was well??? Unreal.

And, the mother..staying with this abuser basically allowing her husband to verbally, emotionally and physically abuse her son and herself and not leave??? WTH??

I am sorry to Marica and LM and anyone else on this board..but from what I have read of Iowa laws on many cases on this board, it seems this state is quite lax on protecting children as other states are.

I feel so sorry for this boy.

Jacen Pearson will spend five years in juvenile detention for the February shooting death of his stepfather, a judge ruled today.

Pearson, 13, admitted in court today that he shot Todd Peek on Feb. 10 in their rural Chariton home, but said he didn’t mean to kill the man. He also said he fired shots at his mother and young half-sister, who was struck in the foot but recovered.

The admissions were part of a plea deal that Pearson’s attorney negotiated with Lucas County Attorney Paul Goldsmith, who previously sought to classify Pearson as a youthful offender and make the boy eligible for punishment after he turned 18.

Instead, Goldsmith reduced the first-degree murder charge and two attempted murder charges to second-degree murder, reckless use of a firearm and intimidation with a deadly weapon.

Goldsmith said he reviewed the rarely used youthful offender statute — adopted by Iowa lawmakers in 1997 as a way to punish children younger than 14 who commit heinous crimes — and concluded that Pearson could be sentenced to five years in prison at most. However, Pearson would get credit for time he had already served in confinement, which would be more than five years, so he would face no punishment as an adult.

A public court trial “would bring no good to Sarah Peek or the memory of Todd Peek,” Goldsmith said. “Their reputations would be impugned, and for what?”

Pearson had accused Todd Peek of verbal and physical abuse before the shooting. The Iowa Department of Human Services investigated Peek in October after Pearson complained to a school counselor that Peek had choked him.

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I had lost track of this hearing, although I live only 50 miles from Chariton, and my son and family live there.
I am glad Jacen is not being punished severely, as I feel he was one who was allowed to be subjected to abuse because the system failed him. I pray his paternal Grandmother is now allowed to have contact with hi, as she has been denied access to hi since this happened. Apparently part of his punishment by his Mother. Hopefully, being out of the home and not being subjected to further abuse (and no doubt there would be emotional abuse if he were returned to his Mother) Jacen will have a chance to get counseling and possibly be able to live some sort of normal life after he turns 18. My heart breaks for this child and for his paternal Grandparents, Mr. & Mrs. Pearson.

Well Marica long time since we heard from you. Welcome back to VH.

Hi, Marica! Glad to hear from you again! I've wondered what happened to you. Hopefully, this boy will get counseling and will not carry any long-term sociopathology from his abuse.

Was this boy ever allowed to be represented by the private attorney that his family was going to hire???? It just blew my mind that the Judge overruled that and said he had to be represented by a PD!
I feel so bad for this child, he must have been so frustrated that he wasn't being listened to (abuse) that he just lost it. I sure hope that he gets lots of good therapy so that he can be a happy and productive adult when he gets out. I so hope the Grandmother gets to be involved in his life, it sounds like she was the only one who should be in his life.

Hi Marica!!!
Thanks for the updates!!!!!!
I hope this boy gets the rest of his education completed while he is away.