A 16-year-old charged with two robbery counts will be tried as an adult, a judge ruled Thursday.
Henry L. Smith, of Dubuque, is charged with first- and second-degree robbery. He's accused of robbing two college students with two other teenagers over Loras College's homecoming weekend. Authorities say the incident is connected to a rash of robberies that hit downtown Dubuque this year.
Smith was charged with second-degree robbery for a July incident, but a judge waived him to juvenile court. Judge Michael Shubatt ruled Thursday that Smith would remain in the adult system for the two recent charges.
Smith's attorney, Kim Roddick, said he could be rehabilitated in a rigorous environment like the State Training School in Eldora, Iowa.
But Smith continued to violate the terms of his probation and would remain a danger to the community, argued Dubuque Assistant County Attorney Chris Corken.
Corken questioned Smith's juvenile court officer, Victor Anderson, about why he dismissed several charges while Smith was under supervision for a 2008 juvenile charge.
Anderson dismissed a disorderly conduct, trespassing and assault charge filed against Smith on the grounds of insufficient evidence. School Resource Officer Jeremy Slight testified the assault charge stemmed from a fight in the Senior High School cafeteria, witnessed by the vice principal and caught on camera.
Corken asked Anderson why he dismissed the charge.
"Honestly, I'm not sure," he said.
Smith's mother, Ramona Fraction, insists her son is innocent. She worries about her son in jail, and that he could no longer attend school after his arrest. "He doesn't get an education," she said. "He's in a holding cell with murderers."
Roddick argued that Smith could continue his studies if waived to juvenile court. He would likely end up at the training school, which would provide vigorous programming and a structured environment, she said.
Shubatt sided against Roddick.
"From the evidence I heard, the defendant's ability to achieve rehabilitation through Juvenile Court Services has not been demonstrated in any way, shape or form," he said.
