HARRIS COUNTY, Texas – A 14-year-old is facing a murder charge in connection with the fatal shooting of 15-year-old Royce Witchet — but whether that teen will ever be prosecuted as an adult is a question that won’t be answered anytime soon.
The shooting happened around 2:40 p.m. Tuesday on a sidewalk outside Westfield High School, where Witchet was a student. Deputies arrested the accused shooter roughly 24 hours later during a traffic stop. He is now charged with murder, a first-degree felony, the sheriff’s office confirmed Thursday.
What happens first in juvenile court
At 14, the accused is at the minimum age to be considered for certification as an adult. But before that decision is ever made, there is a lengthy process that plays out entirely within the juvenile system.
Houston attorney Rick DeToto of DeToto Law Firm, said it could be six months to a year — give or take — before prosecutors even decide whether to ask a judge to certify the teen as an adult.
“It’s not a snap decision,” DeToto said. “They are working with juveniles, younger people, and they do a very thorough job in trying to make a determination if they should go forward with certification.”
The certification process, explained
The district attorney’s office must first conduct its own internal review — speaking with investigators, consulting with the victim’s family and gathering as much information as possible about the juvenile before making any recommendation to the court.
If prosecutors decide to seek certification, the case moves to a hearing that functions somewhat like a mini-trial. Before that, evidence must be shared with the defense, a psychological evaluation must be completed, and only then does a juvenile judge begin weighing all the factors — including the teen’s maturity and sophistication — before deciding whether to transfer the case to adult court.
“The ultimate decision is up to the judge,” DeToto said. “First, the DA’s office makes a decision if they’re going to take that path. They file the paperwork with the court and then the court does some things to get ready for the hearing to make that determination.”
How the facts of a case can influence the outcome
DeToto said the circumstances of a crime can carry significant weight when a judge considers certification — and the nature of this case is notable.
“A 14-year-old that allegedly committed an execution-style murder — that would probably weigh towards possibly certifying the person, as opposed to maybe someone that has a gun at school and then accidentally goes off and kills somebody,” DeToto said. “I think definitely the facts of the case are something that both the district attorney’s office and the court will look at to make a determination if that person should be certified. It’s a case-by-case basis.”
However, the suspect’s young age works in the opposite direction.
“I think that the age of the child, the younger the child, depending on the circumstances, it weighs against certification,” DeToto said.
Beyond age and the nature of the crime, judges and prosecutors may also examine a juvenile’s background, psychological history, school record, prior behavior and any known gang affiliations before making a final determination.
What changes if the teen is certified as an adult
If a juvenile judge ultimately decides to certify the teen, the transfer to adult court would happen quickly — often the same day.
“That day or shortly after, they should be picked up and transferred over to the Harris County Jail,” DeToto said. “That’s kind of a scary thing when you have a 14-year-old, 15-year-old that’s certified as an adult that’s transferred over to the Harris County Jail.”
DeToto, who has handled similar cases over a 30-year career, said that once a juvenile is transferred to adult court, defense attorneys can often secure a bond — which doesn’t happen when a case is in the juvenile system.
“They’re most likely going to be held while the case is pending on a murder or a capital murder type case,” DeToto said.
A detention hearing is generally held every 10 working days while a juvenile is in custody to determine if they can be released, but bond is not an option.
For now, DeToto believes the accused teen will remain in custody.
“I suspect that the district attorney’s office is going to seek that he be detained,” DeToto said. “I think that the judge is going to detain him while his juvenile case is pending.”
Juvenile proceedings remain confidential
One key difference between adult and juvenile court is transparency — or the lack of it. Juvenile proceedings are largely confidential by design, meaning the public will have limited access to details about what happens next in this case.
“It could be frustrating for the public because everything is done confidentially and no one’s going to get to the internal workings of it,” DeToto said. “But I’ve been doing this for 30 years and I’ve done this a couple of times. It’s a very well thought out process that a lot of people get to look at and make decisions on.”
DeToto noted that the confidentiality of the juvenile system exists to protect young people who make mistakes — not to shield suspects in serious criminal cases from accountability.
“The purpose of the juvenile system is rehabilitation,” he said. “The job of the district attorney’s office and the justice system is to sit back and look at everything and make an informed decision if they should or should not go forward on that.”
As the legal process unfolds, Witchet’s family is planning to speak publicly Friday afternoon. Investigators have not yet said whether the two teens knew each other or disclosed a motive for the shooting.
