On Tuesday Joseph “Joey” Johnson waived his formal arraignment. His attorney asked for a six-week delay as the defense continues to review evidence.
Buchanan County Circuit Judge Patrick Robb entered a plea of not guilty on his behalf and scheduled a trial-setting hearing October 16.
Prosecutor Dwight Scroggins has said that inaction by the Missouri General Assembly complicates the prosecution of Mr Johnson, who is 16 years old. A judge has certified the teenager to stand trial as an adult.
But the US Supreme Court has ruled that the death penalty imposed on underage defendants is unconstitutional. Under Missouri’s first-degree murder statute, that only leaves a sentence of life without parole for juveniles convicted of the crime. But the high court has also held that requiring life without parole, without some other sentencing option, is also unconstitutional.
That pretty much rules out charging any juvenile in Missouri with first-degree murder under current statute and case law.
Mr Johnson is now charged with two counts of second-degree murder. That crime offers sentencing options upon conviction that Mr Scroggins has said pass constitutional scrutiny. Prosecutors have offered a plea deal to the defendant, and have made it clear they will file additional charges if that deal is refused.
Johnson is charged with the murder of his grandparents, James and Beverly Johnson, at their home on NE Hurlingen Road July 3.