In May, an Omaha boy celebrated his 11th birthday.
In August, he was arrested and charged with first-degree murder.
Dressed in a suit that was slightly oversized on his 4 foot 3 inch, 70-pound frame, the 11-year-old boy appeared in juvenile court on Thursday for a formal arraignment on six felony charges: First-degree murder, two counts of robbery and three counts of use of a firearm to commit a felony. He is one of six juveniles accused of involvement the carjacking and killing of 64-year-old Mursal Jama earlier this month.
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Much of the hearing was routine as Douglas County Juvenile Court Judge Chad Brown advised the boy of his rights and the possible penalties associated with the charges. He entered a plea of denial to the six charges connected to Jama’s killing.
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The boy’s attorney, Nicholas Wurth, did ask the court to reconsider allowing him to return home.
“(Going home) is the primary thing he’s concerned about, to the point where it’s hard to talk about anything else,” Wurth said.
Since his arrest, the boy has been residing in an emergency foster care placement through Omni Inventive Care. Because of his age, he cannot be placed in a youth detention facility.
An Omni representative told the court the boy is a “delightful young man” who has been doing “quite well” in his foster placement.
But Wurth said the boy has been distressed because he hasn’t been able to regularly communicate with his mother. Though the reasons for the lack of communication were not entirely clear, statements from attorneys indicate there may have been concern over proper supervision of their visits because the boy’s mom does not speak English.
“I’m concerned about the amount of restrictions that have been put on his contact with members of his family,” Wurth said. “He’s had one conversation with his mother this entire time and not seen her once.”
Deputy Douglas County Attorney Laura Lemoine resisted the boy’s request to return home, citing “extreme community safety risk.” The probation officer assigned to his case and the boy’s guardian ad litem — who is court-appointed to represent his best interests — also said the boy should stay in his foster placement.
All sides agreed the boy should be permitted more frequent supervised visitation with his mother while he is residing in foster care. An Omni representative said they will arrange for the mother to have supervised visitation with the boy three times a week at the organization’s office.
Brown did not immediately rule on allowing the boy to return home with his mother. He ordered Lemoine and Wurth to submit written briefs by Sept. 6 outlining potential alternatives to detention — like electronic monitoring — that the boy may or may not be eligible for if sent back home.
Brown said he plans to issue a decision by Sept. 9. In the meantime, the boy will remain in his foster placement.
Before the court adjourned, Wurth had one more request.
“(He) did want to have a couple of minutes with his mother after the hearing,” Wurth said.
After getting the go-ahead from the Omni representative, Brown adjourned the proceedings and ordered a short recess to allow the boy and his mother a “hug and greet.”
The boy’s mother pulled him into a hug as he buried his face in her shoulder.
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