Girl, 16, faces adult court in shooting case
By Dolly A. Butz | Posted: Wednesday, November 19, 2008
SIOUX CITY -- A Woodbury County Juvenile Court Judge has ruled that a 16-year-old girl accused of shooting another teenager in the head with a handgun will be tried as an adult.
Waiving Codie Kristine Kapaun to adult court is in the "best interest of the child and the community," according to 3rd Judicial District Court Judge Mary Jane Sokolovske. In court documents dated Nov. 16, and first reported at www.siouxcityjournal.com, Sokolovske wrote that, "there are no reasonable prospects for rehabilitating (Kapaun)" if juvenile court retains jurisdiction.
Kapaun was charged in juvenile court with involuntary manslaughter, a class D felony, for the death of Ryan Blanchard, 16. She now faces up to five years in prison if convicted.
Blanchard died after being shot in the head with a .380-caliber handgun on Aug. 11 while he, Kapaun and others were inside a Riverside Boulevard home.
In the five-page ruling and order, Sokolovske wrote there is "probable cause" to believe that Kapaun committed the alleged acts, had possession of a firearm on Aug. 11, pointed the firearm at Blanchard and pulled the trigger.
In the eyes of Becky Seitzinger, Blanchard's mother, Kapaun became an adult the instant she allegedly pulled the trigger. In Seitzinger's eyes, the judge and prosecutors made the right call.
"I wanted her to be tried as an adult because she did a very adult thing," Seitzinger said.
Seitzinger was among those who squeezed into a packed courtroom Oct. 28-29 for Kapaun's hearing, where the judge heard testimony from juvenile court officers and Kapaun's parents.
She hoped Kapaun will be convcited, serve her time, get the help Seitzinger believes the girl needs and help others learn from her mistakes.
Judge Sokolovske noted Kapaun had prior contact with police and was twice referred to Juvenile Court Services. In the court documents, Sokolovske also referenced Kapaun's truancy problems and her history of alcohol and drug use.
In August 2007 Kapaun was charged with possession of marijuana and possession of drug paraphernalia. Although outpatient services were recommended, Jackson Recovery reported that Kapaun did not complete those services.
When Kapaun was re-evaluated for substance abuse in 2008 she told an evaluator that she smoked marijuana one or two times a month, according to court documents. The documents state that Kapaun also advised juvenile court officers that her drug of choice is marijuana, which she uses one to two times a day if available.
Sokolovske wrote that Juvenile Court and the school system offered Kapaun services to deal with "numerous unresolved pre-existing issues" before Aug. 11, 2008, but that "it appears that those services did not remedy the existing issues."
"The court concludes that Codie is in need of a long term period of rehabilitation much longer than that which could be offered through juvenile court," Sokolovske wrote. "Codie's issues can more adequately be addressed by the services available in adult court."
-- Molly Montag contributed to this report.
Previous stories
Nov. 19, 2008: Bond, hearing date, set for teen girl charged in shooting
Oct. 2, 2008: Kids and guns: A Deadly Mix
Aug. 14, 2008: County attorney asks that teen be tried as an adult
Aug. 13, 2008: Witness recounts shooting death of teen
Aug. 12, 2008: Teen girl faces manslaughter charge in Riverside shooting
Waiving Codie Kristine Kapaun to adult court is in the "best interest of the child and the community," according to 3rd Judicial District Court Judge Mary Jane Sokolovske. In court documents dated Nov. 16, and first reported at www.siouxcityjournal.com, Sokolovske wrote that, "there are no reasonable prospects for rehabilitating (Kapaun)" if juvenile court retains jurisdiction.
Kapaun was charged in juvenile court with involuntary manslaughter, a class D felony, for the death of Ryan Blanchard, 16. She now faces up to five years in prison if convicted.
Blanchard died after being shot in the head with a .380-caliber handgun on Aug. 11 while he, Kapaun and others were inside a Riverside Boulevard home.
In the five-page ruling and order, Sokolovske wrote there is "probable cause" to believe that Kapaun committed the alleged acts, had possession of a firearm on Aug. 11, pointed the firearm at Blanchard and pulled the trigger.
In the eyes of Becky Seitzinger, Blanchard's mother, Kapaun became an adult the instant she allegedly pulled the trigger. In Seitzinger's eyes, the judge and prosecutors made the right call.
"I wanted her to be tried as an adult because she did a very adult thing," Seitzinger said.
Seitzinger was among those who squeezed into a packed courtroom Oct. 28-29 for Kapaun's hearing, where the judge heard testimony from juvenile court officers and Kapaun's parents.
She hoped Kapaun will be convcited, serve her time, get the help Seitzinger believes the girl needs and help others learn from her mistakes.
Judge Sokolovske noted Kapaun had prior contact with police and was twice referred to Juvenile Court Services. In the court documents, Sokolovske also referenced Kapaun's truancy problems and her history of alcohol and drug use.
In August 2007 Kapaun was charged with possession of marijuana and possession of drug paraphernalia. Although outpatient services were recommended, Jackson Recovery reported that Kapaun did not complete those services.
When Kapaun was re-evaluated for substance abuse in 2008 she told an evaluator that she smoked marijuana one or two times a month, according to court documents. The documents state that Kapaun also advised juvenile court officers that her drug of choice is marijuana, which she uses one to two times a day if available.
Sokolovske wrote that Juvenile Court and the school system offered Kapaun services to deal with "numerous unresolved pre-existing issues" before Aug. 11, 2008, but that "it appears that those services did not remedy the existing issues."
"The court concludes that Codie is in need of a long term period of rehabilitation much longer than that which could be offered through juvenile court," Sokolovske wrote. "Codie's issues can more adequately be addressed by the services available in adult court."
-- Molly Montag contributed to this report.
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superman jones wrote on Nov 26, 2008 9:45 AM:
the answer is a child.
I find it a little... disturbing that juveniles can so easily moved to adult court, yet we never,ever ever move and adult to juvenile court because of mental capacity or any of the (opposite) reasons the judge listed for moving Codie to adult court.
The "justice" system is about revenge and retribution when it should be about rehabilitation and redemption.
What do you think Ryan would want? Was this girl not his friend? "
Friend of RB wrote on Nov 20, 2008 10:25 PM:
Kay C. wrote on Nov 19, 2008 9:07 PM:
What a shame wrote on Nov 19, 2008 8:50 PM:
family friend wrote on Nov 19, 2008 5:37 PM: