CLEARFIELD – After a preliminary hearing Friday at the county courthouse, a district judge ruled that the case against a 14-year-old boy charged with killing a 12-year-old girl can move on to the court of common pleas.
Aaron John Klingensmith of Luthersburg allegedly shot and killed the girl at his home on April 28.
In a press statement released shortly after the charges were filed, District Attorney Ryan Sayers explained, “This is a heartbreaking and tragic shooting that occurred on Sunday evening (April 28) in Brady Township.
“In the interest of justice, the difficult decision was made to charge this juvenile as an adult, instead of remaining in the juvenile system.”
Prior to the hearing, Sayers asked to amend the charges originally filed against him. He asked that the murder of the third degree and involuntary manslaughter counts be withdrawn and the charge of criminal homicide be added instead.
After defense attorney, Chris Pentz said he did not disagree with the change District Judge Jerry Nevling approved of this alteration.
Klingensmith is also charged with two felony counts of aggravated assault and one misdemeanor count of recklessly endangering another person.
Sayers first witness was Julie Wells of Luthersburg, a first responder who lives near the Klingensmith home.
She explained that she responded to the home after hearing the call for help on April 28 at about 7:21 p.m. even though she was not on duty.
Donald Klingensmith, Aaron’s father, opened the door saying his boy shot the girl accidentally in the face.
After he said this, he put his head back and stated “God, I hope it was an accident,” she testified.
When she walked in, “it was a mess.” She went on to say the girl was lying on a sectional couch with her body partially between two sections. There was an entry wound near her nose with an exit wound in the back of her head and “lots of blood.” Her breathing was “raspy” as if there was fluid in her lungs.
The other emergency responders appeared on the scene and although there was talk of setting up a landing area for a medical helicopter, the victim was taken to Penn Highlands DuBois.
Trooper Lauren Strishock, a criminal investigator with the state police, testified that she interviewed Klingensmith and his father. After he was read his rights, he asked to speak to the officers without his father being present.
Pentz objected at this point, arguing the statements made after his father left the room should be suppressed because Klingensmith is young and may not have completely understood his rights. Because of this, he should have had a parent or lawyer with him during this questioning.
Sayers’ response was that this issue was for the common pleas court and not applicable at a preliminary hearing stage of a case.
Nevling agreed with Sayers but noted this would stand as an ongoing objection.
Strishock explained that Klingensmith told her he and the girl were at his home when he asked her if she wanted to see his dad’s gun.
He then got it from the top of a gun cabinet in the living room and sat beside her on the couch. He pointed it at her, asked “loaded or unloaded” and pulled the trigger, he told her.
The gun was found later, in a gun case on the floor.
Klingensmith described to her how to load and unload the gun, how to release the magazine and that if the slide was used, it would rack a round into the chamber.
He spoke about hunting and shooting with his father, but he had not completed a hunter safety course, she stated.
The trooper also testified that the autopsy report listed the cause of death was a gunshot wound to the head and the manner of death was homicide. The victim died on May 1 at UPMC Children’s Hospital of Pittsburgh.
The case will now be transferred to the court of common pleas for further disposition. It is expected that Pentz will file a formal motion to suppress his client’s statements made without counsel or a parent.
Klingensmith is being held without bail.