Teen seeks to move Lincoln Hills case to juvenile court

A new Wisconsin Appeals Court precedent might help the case of a teen charged in the death of a counselor at the Lincoln Hills youth prison as he attempts to get his case moved from adult to juvenile court. (Photo courtesy Wisconsin Department of Corrections)
The teen charged in the death of a staff member at the Lincoln Hills juvenile prison in 2024 is asking for a new decision on whether his case should be moved to juvenile court.

The teen, JH (the Examiner is not using his full name because his case is potentially being heard in juvenile court) turned 18 this year but was 16 at the time of the death of Corey Proulx after an altercation at the Lincoln Hills youth prison in Irma, Wisconsin.
According to the criminal complaint, JH obtained a cup of a liquid substance believed to be soap from another youth and threw it at a staff member before punching her repeatedly.
He then went outside into a courtyard where other youth were present, followed by Proulx, the complaint says. When Proulx approached him, he struck Proulx multiple times. Proulx fell to the ground, struck his head on the pavement and was later declared brain dead.
The complaint says that JH said he had built up aggression toward a female staff member because he believed she was abusing her power and treating him unfairly. He said he planned to attack her and had asked another youth to obtain the soap from staff.
JH pleaded guilty/not guilty by reason of mental disease or defect to a count of second-degree reckless homicide in connection with Proulx’s death, the Associated Press reported in January, as well as guilty to a count of battery by a prisoner.
He “entered into a plea agreement that partially resolves the case involving the sad and tragic death of (Proulx),” his attorney Aaron Nelson said in an email to the AP. “(JH), who has had a life filled with trauma and suffering, realizes that nothing will compensate the victims for their loss and suffering.” Nelson filed a motion for his client to be allowed to withdraw his pleas. District Attorney Kristopher Ellis said the state is not objecting to the motion.
Nelson made the motion in February, two weeks after the Wisconsin Court of Appeals released a decision in the case of a juvenile who was charged in the death of his mother when he was 10 years old. The Court of Appeals decision may lead to a new determination over whether or not JH’s case should go to juvenile court. Nelson wrote in the motion that the previous pleas are “null and void” due to the Court of Appeals decision.
Online court records show a motion hearing in the case is scheduled for Wednesday, May 6, and another hearing is scheduled for June 3.
When juveniles are alleged to have committed certain crimes, such as first-degree intentional homicide, their cases first go to adult criminal court in Wisconsin. An accused juvenile can try to transfer their case to juvenile court through the reverse waiver procedure.
State law lays out three criteria for a reverse waiver determination. The juvenile must prove that all three are more probably true than not:
- If the juvenile is convicted, the juvenile could not receive adequate treatment in the criminal justice system.
- Moving the case to juvenile court would not depreciate the seriousness of the offense.
- It is not necessary to keep the case where it is to deter the juvenile or other juveniles from committing the violation that the juvenile is accused of.
The Court of Appeals found that these criteria are unconstitutional to the extent they don’t require circuit courts to consider the unique attributes of youth identified by the United States Supreme Court.
The criteria don’t require the impacts of the juvenile’s youth to be considered before determining whether they are tried as an adult, the decision says.
“Because children’s characters are not well formed, and because children are more capable of change, ‘a greater possibility exists that a minor’s character deficiencies will be reformed,’ the decision says.
They don’t give a juvenile a “meaningful opportunity” to prove that they are not “one of the ‘rare and unfortunate cases’ that warrant treating the juvenile as having the same culpability as an adult,” the decision says.
The Court of Appeals decision may lead to JH receiving a new reverse waiver determination, which would decide whether his case should be moved to juvenile court.
Nelson didn’t comment for this article about the chances of JH’s case being moved to juvenile court, but he spoke about the Court of Appeals decision in the Mann-Tate case of a boy who was charged with the shooting death of his mother when he was 10 years old. Nelson is also one of that boy’s attorneys at the trial court level.
In Nelson’s experience, successful reverse waiver determinations are extremely rare. The standard for success is incredibly difficult to meet, and he’s aware of two cases in the state where this has happened, he said.
Nelson said that the appeals court decision in Mann-Tate gives juveniles a better chance of getting their cases moved to juvenile court, but he’s not sure how much better.
“What I don’t know is whether that improves it from a 1% chance to 2% chance, or some greater impact than that,” Nelson said. “I think it’s going to be very dependent on every individual case, and every individual judge.”
In addition, the state has appealed the Court of Appeals decision to the Wisconsin Supreme Court, which has not yet said whether it will take the case.
As of February, a jury trial is set to begin in JH’s case later this year, on Oct. 21, and online record of an April 29 scheduling conference states that the court was to “remain holding the October dates.” A status conference is scheduled for Aug. 20.
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