'This was murder,' try boy as adult, DA says
He is accused of killing mom in Lower Saucon. New details emerge.
By Tyra Braden
Of The Morning Call
Twelve-year-old Joshua Geier committed ''an intentional act of murder'' when he shot his mother ?- after locking his younger sisters in the shed from which he had retrieved and loaded the rifle ?- and should be prosecuted and punished as an adult, Northampton County's district attorney said Tuesday.
In addition, District Attorney John M. Morganelli said, psychological and psychiatric evaluations conclude that Geier, of Lower Saucon Township, has no identifiable mental-health issues but does have ''gun-related issues'' that would require counseling.
''This was not an accident,'' Morganelli said. ''This was murder.''
President Judge Robert A. Freedberg will rule later on whether the homicide case against Geier, who is now 13, will be transferred to juvenile court.
Morganelli and Geier's attorney, Anthony Martino of Bangor, argued before Freedberg at a hearing Tuesday. Geier, handcuffed and shackled, sat quietly beside Martino. The boy was noticeably thinner than he was at his preliminary hearing in the fall. He remains without bail in the county's Juvenile Detention Center in Easton.
Diane Geier, 41, died instantly when, police said, her son leveled a rifle at her face and fired as she lay on the couch talking to a friend on the phone. The shooting occurred Oct. 7 at the Geier home at 3812 Wilhelm Road.
Martino argued the matter should be transferred to juvenile court because a defense and a prosecution psychologist and a prosecution psychiatrist concluded that Geier ''would be amenable'' to supervision, treatment and rehabilitation offered through the juvenile justice system. If found guilty as a juvenile, Geier could not be held or treated past his 21st birthday.
Morganelli said that's not enough time.
Amenability to treatment isn't the only factor that needs to be considered, he told Freedberg. Other issues are the circumstances of the crime, Geier's level of criminal sophistication, the impact of the crime on the Geier family and the community, and Geier's culpability.
Martino, Morganelli said, failed to prove that transferring the case to juvenile court would be ''in the public's best interest,'' the legal standard to make such a move.
In fact, Morganelli said, the investigation revealed ''some disturbing facts'' about Geier. When Geier was 10, Morganelli said, he became upset because his mother denied permission for a fishing trip, so he took the family van, crashed it in Bucks County and told police he had been kidnapped.
After the hearing, Morganelli filed a document that gives more detail about information he presented at the hearing. According to the document, Geier in June or July ''shot an 8-year-old girl in the neighborhood in the stomach with a BB gun and was seen shooting at the girl's family dog, also with a BB gun.''
''On three-four occasions in the past, pointed a gun at another child and threatened to shoot or kill him,'' the document says. ''Also, during the week of June 23-27, 2002, Geier put a gun to the head of'' an 11-year-old boy at summer Bible school and threatened to kill him. ''The gun was confiscated, but the matter was never brought to the attention of authorities,'' the document says.
Morganelli told Freedberg, ''None of this stuff was ever turned over to police.''
Equally disturbing, Morganelli said, is that the experts have not explained what caused Geier to kill his mother. Morganelli said the psychiatrist reported that ''Joshua may have underreported his emotions doesn't express his anger well.'' According to the report, Morganelli said, Geier's answers during the evaluation were ''brief, mechanical and lacked credibility.''
The boy didn't mention ''warmth, affection, fun, etc.,'' when speaking of his parents, Morganelli said.
The crime itself, Morganelli said, shows that Geier committed murder. ''This was not an accident,'' he said, even though Geier told police he hadn't acted intentionally. Morganelli said the rifle was in a locked cabinet in a shed. He said Geier's father had one key, and his mother had the other. Geier, he said, found his mother's key, opened the cabinet, selected the .22-caliber rifle and loaded it.
He then called his sisters, who were 10 and 9 at the time, to the shed and locked them inside. After shooting his mother, Geier walked outside, ejected the spent cartridge, unlocked the shed and told his sisters their mother was dead, Morganelli said. The girls summoned help from a neighbor. The neighbor, he said, was a nurse and reported that, although the girls were visibly shaken, Geier showed no emotion.
When police arrived, Morganelli said, Geier denied knowledge of what had happened, then later said he had found the gun cabinet unlocked and took what he believed was an unloaded rifle to show his mother. Nonetheless, Morganelli said, Geier's fingerprints were found on the box of ammunition the boy used to load the rifle. In addition, he said, Geier had recently taken a gun-safety course and scored 92 percent on a test. These entries were in a notebook in his handwriting: ''Always assume a gun is loaded'' and ''Never point a gun at anyone.''
The boy also told police that when he walked into the house, he spoke to his mother, who told him to wait a moment because she was on the phone, Morganelli said. However, the woman with whom Diane Geier was speaking told police that she heard no such conversation and that Diane Geier stopped talking in mid-sentence.
Morganelli said that, although Geier is young, adult court has suitable placement for him.
Morganelli said the state prison at Pine Grove, Indiana County, is geared toward young offenders, most of whom are 15 to 20 years old. The prison, he said, ''offers education and therapy, but it also offers security to the public and gives the court more jurisdiction.''
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