He is accused of murdering a Newark police officer, but he will not be tried publicly and will not even issue a 20-year sentence if convicted.
That's because the suspicious trigger man is a 14-year-old boy. In New Jersey, courts do not move children of that age to criminal courts.
“State law requires someone to be 15 to treat it as an adult case,” criminal defense lawyer and president of the Bergen County Bar Association, Laura Satnick, told the Post on Sunday.
“But if you're 14, you can't give up to an adult court.”
While the age of one year may not seem that much, it becomes a world of difference to an unidentified teenager who was charged with murder for shelling 26-year-old detective Joseph Azkona with an automatic weapon on a Friday night in a brick town corner.
For one thing, a family court judge will handle the case in a secret process and decide the sentence.
The potential statements are also very different.
If the suspected shooter was brought to trial as an adult, the ju-degree could slap him for 30 years in prison for killing a police officer. But as a juvenile, the most likely suspects will face in 20 years. And he probably won't even serve everything, experts said, as he probably doesn't have the minimum required for minors.
After the trial, his case will be sealed and he will not have a public criminal history.
“That's really the most important part of having a boy case. Your record is sealed,” Satnick said.
“In fact, his case is in the newspaper and everyone knows he was charged,” she said. “But when someone told him in a job interview, they said, “Have you ever been arrested?” … His case is sealed, so the answer is no.
“It's really another track for the judicial system and it's designed that way.”
The circumstances led officers across the garden state to be furious at what they thought was a failure of justice.
“He was old enough to win a gun, and he was clearly old enough to get police to engage in a shootout, but now he says he's not old enough to be a tough guy in the courtroom on the streets?” the New Jersey police officer asked incredibly.
“That's infuriating! What message will it send to the next thug?” the officer said. “He killed the policeman. He treated him like a policeman.”
“Age should have nothing to do with his accusation,” said a retired detective.
“He intentionally shot a great man who is doing the job of protecting innocent people.”
“It's a massive amount of bulls,” Bergen County police officer said.
“I got it, they're 14 years old, their brains are not developed. But if you charge this child as a boy, you'd better tell the person who got that gun with a murder accessory – and give him a life sentence.
“They assassinated him. This was a coordinated attack,” the officer said. “They knew it was an unmarked vehicle. They were trying to send messages to law enforcement, like, 'Hey, you're on our lawn.'
“All I know is that the police officers were killed. You'd better clean them up for the rest of your life.”
Essex County officials said Azkona, a five-year military member who had been investigating guns with federal authorities, did not maintain his chances during the ambush.
Azcona and his partner were in the Broadway section of Newark near Passaic River when a fatal shooting erupted at 6:30pm by McDonald and White Castle near the intersection of Carteret Street and Broadway, officials said.
“Based on criminal information, [officers] Essex County Prosecutor Theodore Stevens said at a press conference Saturday morning.
“The interaction between the police and those individuals exchanged shots, and unfortunately two officers and one suspect were shot.”
Both Azkona's partner and suspect were shot, but both are expected to survive.
Azkona wasn't that lucky. He died at a university hospital at about 2:30am on Saturday, when his mother, dad and several brothers died in mourning by his side.
Stevens said Azkona was “shot before he even had the opportunity to leave his police car.
“We need to focus Laser Sharp on trying to find out why the 14-year-old was in the situation he was. He had a gun and felt he could use it against the police,” Stevens said.
“It's a crazy situation. It's something that's not checked.”
Officers recovered automatic weapons used by teens, the prosecutor added. About five people on the scene are also being held for questions.
“The officers involved are heroes,” Stevens said.
Azkona's grieving family is shaken by his sudden loss.
“That was my baby,” 56-year-old mom Martha Vargas posted on Saturday. “He always said he wanted to be a police officer when he was little. When he grew up, he took a test.”
“I thought it was easy,” she said of the moment the officer called her to the hospital. “[But] They shot him in his head. ”
Authorities also charged the attempted murder of his son, according to authorities and sources.
