Inside the complex choice to charge teen as adult in Ybor City shooting

Why it matters: The charging decision comes amid a longstanding debate in Florida, and nationwide, about what to do when children are accused of the most heinous crimes.

• The teen in the Ybor case, whom Axios is not naming because of his age, is facing several charges, including second-degree murder in the death of 20-year-old Harrison Boonstoppel. The charge is punishable by up to life in prison.

State of play: Prosecutors have long taken the "adult crime, adult time" approach, seeing the adult criminal justice system as the answer. The juvenile justice system, with its heavy focus on treatment and rehabilitation, isn't built for serious crimes, they say.

• Critics of the approach point to evidence that children can't be held as culpable as adults because their brains haven't fully developed, which can lead to more impulsive behavior.
• That science has informed Supreme Court rulings finding the severest punishments — death and mandatory life without parole — unconstitutional for children.

What they're saying: Lopez's "claim that 'age does not matter' honestly harkens back to the very significantly failed approach of the 1990s," said Marsha Levick, chief legal officer of the Juvenile Law Center, which opposes trying kids in the adult criminal justice system.

• Those comments "are not only out of step," Levick told Axios, "they're also ignorant."

The other side: Lopez told Axios she was "speaking to the fact that many juveniles believe they cannot be charged as an adult."

• "It is unfortunate that Ms. Levick did not have the totality of the information I provided at the press conference before making a blanket statement," she wrote in an email.

The big picture: 941 children in Florida were charged as adults in fiscal year 2021-22, according to Department of Juvenile Justice data. About 600 of them were 17 and 300 were 15 or 16; 43 were 13 or 14.

How it works: Children who are arrested normally go through the juvenile justice system, which is intended to rehabilitate them. They stay in juvenile detention or on house arrest while awaiting trial and are sentenced to residential treatment programs or probation.

• When a child is transferred to the adult system, they're booked into the county jail, and they could be sentenced to time in prison.

Between the lines: Adult facilities aren't equipped to handle the unique needs of children, Levick said. Juvenile justice programs are designed to provide treatment and services that are consistent with a child's developmental growth.

• "Prosecuting a young child as an adult is about nothing but punishment," she said.

Zoom in: State attorneys in Florida have the discretion to move a child to the adult system through a process known as a direct file. They can seek approval from a judge or grand jury, but that rarely happens.

• In deciding whether to move a child to the adult system, Lopez said her office considers factors including the severity of the crime and the child's criminal history and maturity.
• The Ybor teen's past involvement with law enforcement factored into Lopez's decision to charge him as an adult, she said. That includes serious charges of aggravated assault, grand theft auto and armed robbery, she said.
• In several of those cases, he was found mentally unable to stand trial, according to state criminal records. Several more charges are pending.

What they're saying: "While it is difficult to charge a juvenile as an adult," Lopez said, "it is our job to ensure the community is safe from a dangerous individual, whether they are juveniles or adults."