Gets away with it? Teen charged with gunning down NJ cop is too young for prison

⚫The wake for Newark police officer Joseph Azcona is Thursday, his funeral Friday

⚫The other officer shot Friday remains hospitalized as of Tuesday

⚫WIll the 14-year-old charged with murder be charged as an adult?

NEWARK — As the wake and funeral for fallen police officer Det. Joseph Azcona are announced questions surrounding the severity of the charges to be filed against the 14-year-old gunman.

The 26-year-old officer was shot getting out of his patrol vehicle Friday evening in Newark's North Ward neighborhood while investigating illegal weapons. Another officer who was injured in the shooting and the suspect are still hospitalized as of Tuesday morning.

The 14-year-old is charged with murder, attempted murder and weapons offenses. But because New Jersey's juvenile justice laws protect the suspect, he will never be identified and will have a trial that is protected from the public, according to former Monmouth County Prosecutor Christopher Gramiccioni, who is now a private-practice attorney.

A law signed by Gov. Chris Christie in 2015 raised the age that a minor could be waived from Family Court up to Superior Court with adults. The cutoff age used to be 14, now it's 15.

Gramiccioni said it makes it very difficult, if not impossible, for charges against a juvenile who is 14 and under to be upgraded to adult level.

"When a prosecutor seeks waiver, he or she doesn't have soul or unilateral discretion. You have to actually seek it through the court of the juvenile system, and the judge presiding has to agree," Gramiccioni said.

A judge will consider several factors when considering a waive up to adult charges for a juvenile:

• The nature and circumstances of the offense
• The past record of the juvenile in terms of delinquencies
• The age and maturity of the teen
• Intellectual capacity of the juvenole
• Whether the crime is considered "complex or sophisticated"
• Whether or not the juvenile can be reformed and become a productive member of society.

The most important factor is whether or not the juvenile can be rehabilitated, which is the focus of the state's juvenile justice system. But because of the change to the juvenile waiver, it's all a moot point.

"None of that applies now because in terms of his date of birth, he's not 15 years of age at the time of the offense," Gramiccioni said.

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What will be released?

"If he is convicted, they'll be a press release. You're only known by initials and not convicted adjudicated delinquent," Gramiccioni said. "My guess is he's gonna go to jail if he's convicted for at least until he's 18 years old, so it's probably gonna be like a three or four year sentence."

Azcona's family will be updated on the case and will be allowed to make a statement during a trial.

The wake for Azcona is scheduled for Thursday for family, friends and Newark police officers  at Buyus Funeral Home in Newark. His funeral is Friday at the Cathedral Basilica of the Sacred Heart in Newark.

The city of Newark’s St. Patrick’s Day Parade has been rescheduled by organizers from Friday the 14th to Friday the 21st out of respect for Detective Azcona.

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