Juveniles face different court processes for deadly hitandrun from 2024 in Albuquerque
Mar 21, 2025
ALBUQUERQUE, N.M. (KRQE) – Three juveniles are facing murder charges for the death of a man last year. But how they are tried will differ, and the youngest suspect may not face any jail time.
A growing trend of juvenile crime, which has lawmakers and law enforcement alike concerned. While lawm
akers are working to address the issue, three juveniles are preparing for their day in court over the hit-and-run death of a cyclist in 2024.
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“We have to understand that the issue, the fundamental issue on child crimes is different than it is when we're talking about adult crimes,” said Joshua Kastenberg, a professor with UMM School of Law.
How juveniles are tried differs from adults. The oldest, 16-year-old William Garcia, was 15 when the crime was committed. The others were 13 and 11. Each is facing a different route in the justice system. “Just because the court invokes an adult sentence, you still have to go through the hurdle of proving that the person understood, meaning the defendant understood right from wrong in an adult meaning,” said Professor Kastenberg.
The state is looking to charge Garcia as an adult. The 13-year-old will remain in custody. The youngest is facing a murder charge like the other two. However, state law prohibits the imprisonment of the 11-year-old, so he will remain in New Mexico Children, Youth, and Families Department custody.
“So really the criminal law is singularly going to focus on this juvenile and those that he acted with, the other two juveniles. But that's as far as it goes. And it's going to be a CYFD matter from that point forward,” said Professor Kastenberg.
When it comes to the juvenile justice system, there is a major focus on rehabilitation. "So it is important to make sure that we are not treating these kids like they're adults because they're not making the decisions the way that an adult would,” said Dennica Torres, Albuquerque District Defender.
“So the law is built in a manner to promote rehabilitation when you're talking about a juvenile offender, much more so than it is when you're talking about an adult offender,” said Professor Kastenberg. ...read more read less