Bernalillo County district attorney calls for reform after arrest of 11-year-old suspect

Bernalillo County district attorney calls for reform after arrest of 11-year-old suspect

Police arrested an 11-year-old boy Friday for a series of violent crimes. While the crimes he's accused of are nothing new for our investigators, knowing what to do with a suspect this young is new territory.

ALBUQUERQUE, N.M. — Police arrested an 11-year-old boy Friday for a series of violent crimes. While the crimes he’s accused of are nothing new for our investigators, knowing what to do with a suspect this young is new territory.

“It’s pretty scary for the community. I know it’s scary for law enforcement, scary for us to have a situation that we haven’t seen before,” Bernalillo County District Attorney Sam Bregman said.

The suspect is just 11 years old, so there’s a lot of information law enforcement can’t tell us legally. BBut Bregman was able to confirm he’s in custody in Bernalillo County. 

Albuquerque Police and our community are trying to wrap their heads around the fact that an 11-year-old is in custody, facing charges for a series of violent crimes. Police say he runs with a group calling itself “the Kia Boys.” 

“The law doesn’t provide any specific consequences for a judge to be able to hand out to an 11-year-old doing the kinds of things they’re doing,” Bregman explained. “And in fact, the law basically affirmatively says you can’t incarcerate an 11-year-old.”

Bregman is working with APD, the governor’s office, and CYFD to figure out what to do with the child.

“It is a real concern under the children’s code, what we can what we can’t do at the District Attorney’s office, and we’re doing everything possible to focus on the safety of our community, but also the wellbeing of an 11-year-old,” Bregman continued. “I’m not someone who’s advocating out there throwing the book and throwing the key away on 11-year-olds. But I am saying we have to have some more tools in the toolbox.”

But it’s not just one child. Police say he and at least 3 others, who are still on the run, were recently caught on camera crashing into a convenience store and hopping over the counter to steal alcohol and cigarettes.

“If there are super young like this 11-year-old alleged offender, then we will continue to be in uncharted territory. If they’re older, they’re 15 and over, we know how to handle those cases,” Bregman said.

Many people have asked “Where are the parents?” when learning about this 11-year-old. Bregman says that’s also what he wants to know, especially if he could use Bennie’s law in the crimes involving guns. 

“I will tell you, it’s very difficult to hold parents responsible and or guardians responsible when there are no parents or guardians, for a particular 11-year-old out there. And I say that in general,” Bregman said.

Bregman says he’s going to continue to push to update the children’s code as law enforcement continues to see younger and younger kids committing crimes.