CLEARFIELD – The attorney for a 14-year-old boy charged as an adult for the alleged shooting and killing of a 12-year-old girl was in court Monday asking for the case to be decertified and transferred to the juvenile court system.
In May Aaron J. Klingensmith of Luthersburg was charged by DuBois state police with criminal homicide, two felony counts of aggravated assault and one misdemeanor count of recklessly endangering another person for his actions April 28 at his home.
“This is a heartbreaking and tragic shooting,” stated Clearfield County District Attorney Ryan Sayers in a press release issued when charges were filed in the case.
“In the interest of justice, the difficult decision was made to charge this juvenile as an adult, instead of remaining in the juvenile system.”
On April 28, at 7:29 p.m., the Pennsylvania State Police in DuBois received a transfer call from the Clearfield County 911 Center.
It was reported that a shooting had occurred at a residence on Bearfield Road, Brady Township, Clearfield County, and that a 12-year-old female victim had suffered a gunshot wound to the head, according to previously-published reports.
Upon arrival, members of PSP DuBois, Brady Township Volunteer Fire Rescue and Ambulance Company, Amserv Limited DuSan Ambulance and STAT MedEvac confirmed the victim suffered a gunshot wound to the head.
Medical aid was immediately administered on-scene in an attempt to stabilize the victim. The victim was then transported by the Brady Township Volunteer Fire Rescue and Ambulance Company to Penn Highlands DuBois Hospital for treatment.
The victim was later flown to UPMC Children’s Hospital in Pittsburgh.
On May 1, at 8:28 a.m., the victim was pronounced deceased by the attending physician at Children’s Hospital, with the cause of death being ruled as a gunshot wound to the head and the manner of death as homicide.
In an interview with investigators, Klingensmith explained how he and the girl were at his home when he asked her if she wanted to see his dad’s gun.
He then took it from the top of a gun cabinet in the living room and sat beside her on the couch, allegedly pointing it at her, he asked: “loaded or unloaded” and pulled the trigger.
The gun was found later, in a gun case on the floor.
Klingensmith also described 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 had experience so far as hunting and shooting with his father but had not completed a hunter safety course, he told investigators.
Since the case’s transfer to county court, Klingensmith’s attorney, Chris Pentz, has filed a petition requesting it to be decertified and moved to juvenile court where possible punishment is more centered on treatment, which prompted the scheduling of Monday’s decertification hearing.
During the decertification hearing, the defense had the burden to establish that transferring the case to the juvenile system will not only serve the community’s interest, but that the juvenile is also in need of treatment and rehabilitative programs.
During Monday’s hearing, Pentz presented testimony from clinical psychologist Veronique N. Valliere of Valliere & Counseling Associates in Fogelsville, Pa., who had completed a two-and-a-half hour diagnostic interview of Klingensmith and issued a report with her findings on Aug. 11.
Valliere indicated that as she spoke with Klingensmith about the events of April 28, he “broke down” and felt “distress” over having killed his friend.
While this has undoubtedly been tragic for the victim’s family, she said “this affected him (Klingensmith) as well,” noting how he experiences flashbacks from the trauma of what he witnessed that evening.
This led Valliere to conclude that Klingensmith didn’t intentionally and maliciously kill his friend, and would be very unlikely to commit future acts of violence as there are no indicators that he is cold and callous.
Sayers pressed Valliere about intent and how Klingensmith committed many intentional acts like retrieving his dad’s gun, chambering a round, pointing the gun at the victim and lastly pulling the trigger.
And, while Valliere agreed you could look at the case that way and identify “levels of intent,” she pointed out how Klingensmith had handled the gun a couple times after school in the absence of parental supervision, didn’t realize it was ready to fire and probably thought nothing would happen.
“It was just a stupid, reckless and impulsive act by a teenager,” Valliere testified, and because of its severe affects on Klingensmith now and later as an adult “when it really hits him hard,” she recommended intensive treatment in a secure facility to be followed by an aftercare program.
During the hearing, it was also noted that Klingensmith had no contact with law enforcement until this incident, and that there’s been no history of aggressive behavior.
President Judge Fredric J. Ammerman has ordered briefs within 25 days, and then is permitting the attorneys seven additional business days to respond to the briefs.
Click here to read more details on the case.
