Autistic Teen Charged With Attempted Murder
Attorney Trying To Get Case Sent To Juvenile Court
POSTED: 2:51 p.m. PST February 5, 2002
UPDATED: 5:43 p.m. PST February 5, 2002
SACRAMENTO, Calif. -- A 16-year-old boy has been charged as an adult for stabbing woman at a Sacramento area Starbucks, but the boy's parents say that's not fair because he's autistic.
David Maggi (pictured, left) admits that he attacked a woman with a knife, but his attorney believes extenuating circumstances should warrant treatment, not punishment.
"He's developmentally disabled. He's autistic. He's borderline mentally retarded." Maggi's attorney, Bob Blasier, said.
According to police, last June, Maggi somehow got a hold of a knife and slipped out of a Natomas group home. He walked three miles to a Starbucks, where he stabbed a customer in the back.
Now he faces charges of attempted murder. If convicted, he'll go to state prison.
"To hold David criminally responsible for what he did would not be fair because he doesn't understand what he did," Maggi's mother, Joan Maggi said.
Maggi's parents said that he needs treatment not a prison term. But the husband of the woman he stabbed, Jeff Volp, isn't so sure.
"I know there's been some talk about his autism and retardation. It's a tough call. The fact remains that he committed a violent crime and intentionally tried to kill my wife," Volp said.
"It's my opinion that this case really belongs in juvenile court given all the surrounding circumstances and Mr. Maggi's disabilities," Blasier said.
In court Tuesday, Blasier's motion to switch to juvenile court was denied. He thinks that he still has a chance, because it's possible that prosecutors didn't know Maggi was autistic when they charged him.
"When they have to make a filing decision, they have to do it quickly. All they see is the police report. They don't get background on David's disabilities until later," Blasier said.
Maggi's parents don't deny that he should face consequences for his crime. But they said that he needs help, and that he won't get it behind bars.
Blasier said that he is planning to give the district attorney a proposal within the next couple of weeks, proposing once again that Maggi be tried as a juvenile.
Maggi's family said that his group home was supposed to provide a very high level of supervision, but it's not clear how he managed to walk out.
The family said that it might consider legal action against the home once Maggi's case is finished.
David Maggi (pictured, left) admits that he attacked a woman with a knife, but his attorney believes extenuating circumstances should warrant treatment, not punishment.
"He's developmentally disabled. He's autistic. He's borderline mentally retarded." Maggi's attorney, Bob Blasier, said.
According to police, last June, Maggi somehow got a hold of a knife and slipped out of a Natomas group home. He walked three miles to a Starbucks, where he stabbed a customer in the back.
Now he faces charges of attempted murder. If convicted, he'll go to state prison.
"To hold David criminally responsible for what he did would not be fair because he doesn't understand what he did," Maggi's mother, Joan Maggi said.
Maggi's parents said that he needs treatment not a prison term. But the husband of the woman he stabbed, Jeff Volp, isn't so sure.
"I know there's been some talk about his autism and retardation. It's a tough call. The fact remains that he committed a violent crime and intentionally tried to kill my wife," Volp said.
"It's my opinion that this case really belongs in juvenile court given all the surrounding circumstances and Mr. Maggi's disabilities," Blasier said.
In court Tuesday, Blasier's motion to switch to juvenile court was denied. He thinks that he still has a chance, because it's possible that prosecutors didn't know Maggi was autistic when they charged him.
"When they have to make a filing decision, they have to do it quickly. All they see is the police report. They don't get background on David's disabilities until later," Blasier said.
Maggi's parents don't deny that he should face consequences for his crime. But they said that he needs help, and that he won't get it behind bars.
Blasier said that he is planning to give the district attorney a proposal within the next couple of weeks, proposing once again that Maggi be tried as a juvenile.
Maggi's family said that his group home was supposed to provide a very high level of supervision, but it's not clear how he managed to walk out.
The family said that it might consider legal action against the home once Maggi's case is finished.
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