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Fatal West Baltimore crash puts Maryland’s under-13 charging rules under scrutiny

Baltimore State’s Attorney Ivan Bates says Maryland’s juvenile law leaves prosecutors unable to bring criminal charges against a 12-year-old accused of causing a crash that killed motorcyclist Barry Wright. He plans to press lawmakers to revisit the law, while state leaders have not clearly said whether they support changes.

Fatal West Baltimore crash puts Maryland’s under-13 charging rules under scrutiny
BALTIMORE — A 12-year-old accused of driving a stolen car that struck and killed a motorcyclist in west Baltimore cannot be criminally charged under Maryland’s current juvenile justice law, prompting State’s Attorney Ivan Bates to again urge lawmakers to reconsider the rules. Police say the child ran a red light in the stolen vehicle and hit Barry Wright, 69, as he rode his motorcycle. Bates said the child was already under the supervision of the Maryland Department of Juvenile Services for a prior offense when the crash occurred. Maryland’s 2022 juvenile justice reforms generally bar criminal charges against children younger than 13, with exceptions for certain serious offenses. Involuntary manslaughter is not among those exceptions, Bates said, leaving prosecutors unable to pursue a criminal case in Wright’s death. The available route, according to Bates, is a Child in Need of Supervision referral, a process intended to connect a child with services rather than impose criminal penalties. “I’m hurt and I’m very frustrated,” Bates said at a recent news conference, describing repeated efforts to get lawmakers to engage with his concerns. He said he was not calling for a child to be jailed, but was seeking accountability and a review of how the law applies when someone under 13 is accused in a fatal incident. Bates said he intends to take the issue to Annapolis during the next legislative session. He also questioned whether existing supervision was effective in this case, given the child’s reported involvement with DJS before the crash. Several lawmakers whose committees handle criminal justice legislation, as well as Senate President Bill Ferguson, had not responded to requests for comment about whether they support revisiting the law, what changes they might consider, or how they assess the state’s juvenile supervision system. Gov. Wes Moore’s office said public safety is the governor’s top priority and expressed condolences to Wright’s family. The statement said the state must have tools to address violent crime and that Moore would work with lawmakers and local leaders on public safety solutions, but did not say whether he supports changing the age-related charging rules. The governor’s office had not provided a direct answer after a follow-up request. The debate pits calls for accountability in a fatal case against a juvenile system designed to treat children differently from adults. Bates said the legal limits have also left Wright’s family without the criminal proceeding they might have expected after his death. He described telling the family the available legal options as the most difficult conversation of his career.

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