Janmarcos Pena | Homicide Watch Boston

Mattapan Teen Sentenced to State Custody in Brother's Murder

Kelsey Luing — Mon, 25 Aug 2014 19:01:50 -0400

Juanly Peña, 15, of Dorchester pleaded guilty to charges of manslaughter and unlawful possession of a firearm in a Suffolk County Juvenile Courtroom Wednesday following the death of his 9-year-old brother in February 2014.

On the morning of Feb. 7, the teen shot his brother, Janmarcos, with what he thought was an unloaded handgun while Janmarcos was playing video games. The boy ran into a hallway and collapsed, unable to recover from his injuries.

Both defendant and prosecutors agree the death was an accident.

Peña, who was charged as a youthful offender, was sentenced to six years in the custody of Massachusetts Department of Youth Services. Upon his release, he faces a three-year probation period as a result of his firearms charge.

A press release from the Suffolk County District Attorney's Office below.

Aug. 20, 2014

Youth, 15, Admits Accidentally Shooting, Killing 9-Year-Old Brother

(BOSTON) — A Dorchester teen today admitted to fatally shooting his 9-year-old brother with a handgun that he thought was unloaded, Suffolk County District Attorney Daniel F. Conley said.

During an appearance this morning in the Suffolk County Juvenile Court, JUANLY PEÑA, 15, admitted to charges of manslaughter and unlawful possession of a firearm in the Feb. 7 shooting death of his brother Janmarcos Peña, accepting a commitment to the Department of Youth Services and the possibility of state prison if he re-offends after his release.

Assistant District Attorney Ian Polumbaum of the DA’s Homicide Unit recommended that Peña serve a committed sentence of three years and three months in a secure facility – ending just before his 18th birthday – and remain in DYS custody until age 21. Polumbaum also recommended a two- to three-year prison sentence suspended until Peña turns 24 so that he would be monitored by the court after his release from custody.

First Justice Terry Craven sentenced Peña to DYS custody until age 21, but allowed DYS to determine what portion of that sentence would be served in a secure facility. Craven imposed a three-year suspended sentence and probation period ending on Peña’s 24th birthday, during which time he must abide by strict conditions requested by prosecutors, including that he obtain his GED, undergo a mental health evaluation and any treatment deemed necessary, not have any contact with gang members and not incur any new criminal charges.

Prosecutors earlier this year obtained indictments of Peña as a youthful offender, opening his case to the public and exposing him to both juvenile sanctions and sanctions an adult would face. A manslaughter conviction carries a maximum sentence of 20 years in prison, while the firearm charge carries a sentence of up to five years in prison.

Had the case proceeded to trial, Polumbaum and fellow ADA Beth Keeley of the DA’s Child Protection Unit would have introduced evidence to prove that on Feb. 7, Janmarcos Peña begged his mother to let him stay home from school with her; Juanly Peña was also home, as he had not attended school most of the winter. Peña walked into the home’s den carrying a semi-automatic handgun; he had removed the magazine but was unaware that a live round remained in the chamber. Standing within two to three feet of where his younger brother sat in a chair playing video games, Peña squeezed the trigger, firing a shot that struck Janmarcos in the upper chest, traveled down his torso, and exited his lower back. Janmarcos ran into the hall and collapsed.

Peña began to dial 911, but handed the phone to his sister and fled the home. Before he left, he reloaded the gun with the magazine containing one live round of ammunition, Polumbaum said. Boston Police caught up with Peña on Walkhill Road a short time later. He informed officers that he was carrying a firearm.

Janmarcos was rushed from the scene by ambulance but pronounced dead at a hospital.

During a post-Miranda interview with his mother present, Peña told police that he had met someone at an MBTA station a day prior and was at that time introduced to another person who provided him with the firearm. That gun was matched to the bullet that killed Janmarcos and to a shell casing found in the room where the shooting occurred.

Victim-witness advocates Jennifer Sears and Tim Munzert assisted prosecutors on the case. Peña was represented by attorney Michael Doolin.

Mattapan Teen Arraigned as 'Youthful Offender' in Younger Brother's Death

Haley Hamilton — Mon, 05 May 2014 02:55:50 -0400

A 14-year-old boy charged with the February 7 shooting death of his younger brother, Janmarcos Pena, 9, in the Peña family's home on Morton Street was arraigned as a 'youthful offender' last week, opening him up to adult sanctions if found guilty in the case.

The teen, identified as Juanly Peña of Dorchester, pleaded innocent to the charges of manslaughter and unlawful possession of a firearm.

Being indicted as a youthful offender opens Peña's case to the public; had he been charged as a juvenile the case would remain closed, his name not released, and, if convicted, he would be sent to state custody where he can legally only be held until he reaches 18. Now, if convicted, his youthful offender status exposes Peña to both juvenile and adult sanctions in relation to his sentence.

As a youthful offender Peña can be committed to the state Division of Youth Services until he is 21, charged as an adult, or a combination of the two sentences. The maximum penalty for an adult convicted of manslaughter is 20 years.

Police believe the shooting was accidental. Peña will return to court on May 27.

Press release from Suffolk County District Attorney's office:

BOSTON, April 28, 2014—A Dorchester teen was arraigned in the Suffolk County Juvenile Court today after his indictment under the state’s youthful offender statute for the shooting death of his 9-year-old brother, District Attorney Daniel F. Conley said today.

JUANLY PEÑA, 14, of Dorchester was formally charged with manslaughter and unlawful possession of a firearm for the Feb. 7 shooting death of Janmarcos Peña, 9, in their Morton Street home. At the request of Assistant District Attorney Ian Polumbaum, Judge Terry Craven transferred the $50,000 cash bail imposed at his earlier arraignment as a juvenile to this case.

The youthful offender indictment opens Peña’s case to the public and, if he is convicted, exposes him both to juvenile sanctions and to sanctions an adult would face. The indictment was returned by the Suffolk County Grand Jury on April 18.

“The evidence does not suggest that the defendant found a handgun and accidentally shot someone while playing with it,” Conley said. “It suggests that the defendant procured the weapon on his own initiative and, though apparently believing it to be unloaded, pulled the trigger while it was pointed at his brother. We believe that wanton and reckless conduct cost Janmarcos Peña his life.”

Polumbaum told the court today that the defendant had stopped going to school after he was arrested for fighting. On the morning of the incident, he was home with his sister and younger brother, Janmarcos, who was playing video games while his mother went to the car as she undertook efforts to obtain home schooling services for the defendant.

At about 11:30, Polumbaum said, Juanly Peña approached his brother while holding a semiautomatic handgun. Peña later told investigators that he “squeezed the trigger,” believing the weapon to be unloaded because he had removed the ammunition magazine. Instead, this action discharged a round from the chamber.

Though Juanly Peña did not admit to aiming the gun at Janmarcos Peña, the bullet entered the younger boy’s upper chest from a distance of about two to three feet, Polumbaum said. Janmarcos was mortally wounded and, despite the heroic efforts of responding Boston Police and emergency medical technicians, he was pronounced dead of his injuries at Boston Medical Center.

Polumbaum told the court that Juanly Peña started to call 911 but instead told his sister to call. He then left the house with the firearm and was stopped about two-thirds of a mile away by additional Boston Police officers. He disclosed that he was carrying the gun, which was seized and later matched to the round that killed Janmarcos.

Though Juanly Peña gave a “detailed statement” to detectives about the morning’s events, Polumbaum said, he was “vague” about the circumstances under which he obtained the weapon – including who provided it to him. That aspect of the investigation remains open, prosecutors said.

In the event that he is able to post bail, Craven ordered that he be released only to his mother, that he wear a GPS monitor, and that he remain under house arrest with exceptions only in the event that he is attending school.

Timothy Munzert is the DA’s assigned victim-witness advocate. Peña is represented by attorney Michael Doolin. He will return to court on May 27.

Mattapan teen accused of killing younger brother had violent history

Melanie Dostis — Wed, 02 Apr 2014 19:35:31 -0400

Revelations of a violent past and connections stemming over two years with the Department of Children and Families have come to light days after a 14-year-old Mattapan teenager was accused of fatally shooting his younger brother.

The unidentified youth was ordered held on bail Monday, a few hours before the Mattapan's family involvement with the DCF was revealed by Governor Deval Patrick.

On Monday, police also identified his 9-year old brother as Janmarcos Peña. The eldest brother allegedly shot Peña on Friday morning, a school day, at their home. The Suffolk District Attorney Daniel Conley's office said he was "recklessly" handling a firearm when it struck his brother who died at Boston Medical Center soon after.

The teen is charged with involuntary manslaughter and possession of an illegal firearm.

Governor Patrick spoke to reporters outside the State House on Monday. The Boston Globe reports he told reporters that eight days before the murder, a social worker with the DCF had visited the family.

Health and Human Services Secretary John Polanowicz also told reporters of the DCF's history with the family, with DCF officials trying to take custody of the teen late last year. When they were denied custody, they continued to check up on the family, with the last visit being Jan. 30, he said.

The boy's violent streak led his mother to frequently call police to aid in controlling her son, the Globe reports.

Officers visited his home three times in the past year, arresting him three times for assault, police reports obtained by the Globe show. In one instance, the Globe says, the boy struck his younger brother in the face, knocking him to the ground.

Family members were not aware the youth had a gun, according to Conley's office. In their story on Wednesday, The Boston Globe also spoke to two unidentified law enforcement officials who said the boy allegedly obtained the gun for self-protection.

In May, the youth was sent to a 45-day residential program known as STARRS, according to Polanowicz. The program is designed to help stabilize troubled teens. Polanowicz said the teen ran away the same day he arrived.

“The department did all the right things in this, and we just have an incredibly tragic outcome,’’ he said.

The agency worked with the Mattapan family for the past two years, according to the Globe.

On Monday, when the teen was held on a $50,000 bail, the boy’s defense lawyer, Michael Doolin, told Globe reporters that the teen was scared and heartbroken.

The boy denied the charges and his mother and older sister were present in the closed proceedings, the Globe reports.

“He comes from a family who cares very much about him," he said, according to the Globe.

Mattapan teen to be arraigned tomorrow in death of brother

Melanie Dostis — Wed, 02 Apr 2014 19:31:09 -0400

A Mattapan teen will be arraigned tomorrow on charges in the death of his 9-year-old brother who was shot and killed Friday morning, Suffolk district attorney's office said.

Boston Police believe the unidentified 14-year-old, whose name was not released because of his age, was playing with the firearm "recklessly" when it fired and struck his brother in the chest.

Boston police officers responded to a call for a person shot in the area of 617 Morton Street before noon on Friday, a school day.

The nine-year-old was taken to Boston Medical Center, suffering from a gunshot wound, where he was pronounced dead, Suffolk County District Attorney Daniel Conley's office said.

Early evidence indicates no one in the family knew the teenager had a gun, the DA's office said in a statement.

The 14-year-old defendant, who was arrested walking away from the scene still carrying the gun, is charged with involuntary manslaughter and unlawful possession of a firearm, Conley's office said.

Boston Police Commissioner William B. Evans told Boston Globe reporters at the scene that both boys were home with an older sister and that their mother was not home at the time of the shooting.

“Upon preliminary investigation, we believe that it was an accidental shooting, but unfortunately, we have [a young boy] dead at the scene,’’ Evans said, choking up. “It’s a terrible, terrible incident for the family involved here. ... Obviously, the mother is extremely distraught.’’

Evans told the Globe he did bot believe the defendant was trying to flee.

“I think he panicked here,’’ Evans said. “I think he realized the gravity of what he had done. And he was very cooperative with the officer.”

Mayor Marty Walsh called the death a terrible tragedy.

"An 11-year-old boy should not be shot on a late Friday morning. He should be in school. His 14-year-old brother should not be in a situation where he has access to a gun — whether it was horseplay or whatever the circumstances," Walsh told Herald reporters on scene.

District Attorney Conley is asking the public to help police in reducing guns.

“Part of our investigation in the days to come will be determining how this weapon got into the hands of a 14-year-old,” Conley said in a statement.“In the meantime, I want to make something crystal clear: if you know about an illegal firearm in this city, help us prevent another tragedy like this one."

Press release from Boston Police Department:

Per Suffolk County District Dan Conley, a 14 year-old boy has been charged in the shooting death of his 9 year-old brother. The youth, whose name is not being released because of his age, will be arraigned next week on charges of Involuntary Manslaughter and Unlawful Possession of a Firearm.

The shooting incident remains under investigation by Boston Police Homicide Detectives and the Suffolk DA’s office.

At about 11:37am, on Friday, February 7, 2014, Boston Police Officers responded to a call for a person shot in the area of 617 Morton Street. On arrival, officers found a 9 year-old boy suffering from a gunshot wound. The boy was rushed to Boston Medical Center where he was pronounced deceased. The 14 year-old defendant was apprehended a short time later with what authorities say is the firearm that killed his brother.

Based on evidence at the scene and statements by individuals including the juvenile, investigators believe the boy was handling the firearm recklessly when it discharged. The evidence at this stage does not suggest that any other person in the juvenile’s home knew he possessed the firearm. The victim’s identity is also being withheld until full family notifications can be made.

“Part of our investigation in the days to come will be determining how this weapon got into the hands of a 14-year-old,” Conley said. “In the meantime, I want to make something crystal clear: if you know about an illegal firearm in this city, help us prevent another tragedy like this one. Boston Police are doing a tremendous job of taking guns off the street, but they aren’t mind readers. They need tips and information about these weapons before they’re used.”

The juvenile will be arraigned Monday in the Juvenile Session of Dorchester Municipal Court. That hearing will not be open to the public.