GREAT FALLS (AP) - A teenager accused of deliberately running over a jogger so he could have sex with the corpse will be tried as an adult, District Judge Kenneth Neill said Thursday.
Sixteen-year-old Daniel Lee Robbins is charged with the attempted murder of 40-year-old Patty Emanuel, a stranger he struck with his sport utility vehicle in May while she was jogging near C.M. Russell High School.
Defense lawyer Steve Hudspeth fought to have the case remain in Youth Court so Robbins could receive mental health care outside the state prison system.
However, the judge said in his ruling that treatment of Robbins as an adult "does not mandate incarceration."
Neill said he took into account the previous testimony of psychiatrist William Stratford. The doctor said Robbins knew what he was doing when he hit Emanuel with the intent to kill her and have sex with her body but his ability to appreciate what he'd done "was severely impacted due to a deteriorating psychotic mental condition."
Stratford recommended Robbins be treated in a secure facility, for the protection of the community, until he's at least 21 and possibly longer.
If convicted as a youth, Robbins could be held only until he turns 18 _ about 15 months from now _ and then placed on probation until he's 21. As an adult, he faces from 10 year to life in prison.
Neill ruled that, given the nature of Robbins' alleged actions and various time factors, it would be in the community interest to try him in District Court.
Robbins remains in custody at the juvenile detention center and a trial date will be set later.
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