Moriarty's first key test as county attorney

Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.

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Penalties for taking a life ought to reflect the seriousness of the crime — even when the perpetrators are young.

That's why there's been so much criticism of the flawed but not necessarily surprising decision Hennepin County Attorney Mary Moriarty made in a recent case involving juveniles who allegedly shot and killed 23-year-old Zaria McKeever during a home invasion in November. Moriarty, who won election last fall while pledging criminal justice reform, offered a juvenile plea deal rather than seek an adult court conviction for two minors charged with murdering McKeever.

Prosecutors had originally moved to certify John Kamara, 17, and his 15-year-old brother as adults so they could stand trial for second-degree murder alongside Erick Haynes, the 22-year-old man suspected of orchestrating the break-in. But last month, Moriarty's office abruptly changed course, offering the teens a chance to avoid lengthy adult prison sentences in exchange for testifying against Haynes. Kamara took the deal, while his brother has yet to accept it.

Despite pleas from McKeever's family, last week Hennepin County District Judge Tanya Bransford approved the plea agreement, which will result in an 18- to 24-month sentence at the juvenile correctional facility in Red Wing and probation until Kamara's 21st birthday. Bransford said the law required her to approve the deal because both the prosecution and defense agreed to the terms.

The victim's family and some community activists wanted a stronger penalty. But Moriarty took over the office in January and changed the earlier decision. That reversal prompted a protest from Leah Erickson, the assistant Hennepin County attorney who had spent months pursuing criminal charges against the teens, who told McKeever's family that she voluntarily removed herself from the case.

Moriarty told an editorial writer that her decision was in the best interest of public safety. She pointed out that research shows that kids certified as adults have high recidivism rates. With a goal of "treating kids like kids," she argues that research also suggests that a mind is not fully formed until age 25.

Sending the teens to Red Wing, she added, would give them the best opportunity to receive the services and rehabilitation they need. And under that combination juvenile/adult sentence, they'll be on probation with the possibility of adult prison time hanging over their heads until age 21.

Moriarty rightly plans to aggressively prosecute and seek a stronger sentence for Haynes, who is believed to have orchestrated the incident and convinced the boys to commit the crime. He was scheduled to appear before a grand jury on first-degree murder charges when his lawyer filed a motion questioning his competency to stand trial. If he is found competent, he may still face an indictment for an upgraded charge.

It's reassuring that Moriarty says her decision will not become the general response to all serious felony cases involving juveniles. She maintains that charges brought against minors must be handled on a case-by-case basis so that unique factors can be weighed. She said she has recommended that a juvenile be charged as an adult since taking office but said the Kamara brothers had no prior convictions and were manipulated by an adult.

Yet in our view, it's completely understandable that McKeever's family and friends, along with others in the community, are angry. Several community activists, some of whom have served prison time for their own crimes, point out that light sentences send the wrong message to teens.

"We have to stop slapping these kids on the wrist and giving them the thought that they can go terrorize neighborhoods, even be murderers, and they don't have to look at nothing but a simple stay over at Red Wing for a year or so," Miki Frost, founder of the 8218/Truce Center in St. Paul, told the Star Tribune. "That's just not fair to the community." Frost's organization works to de-escalate youth disputes.

Added Latonya Reeves, chair of the Minnesota Civilian Public Safety Commission, "Mary is doing this for the Black boys — thinking she's righting a [historical] wrong. But she's opening up a can of worms. This is not what we meant when we said, 'Save our kids.'"

Moriarty's success or failure in the Hennepin County attorney's role will not be determined by one case. The Star Tribune Editorial Board did not endorse her in the 2022 election, in part because of concerns that she would take her justice reform campaign too far at a time when Hennepin County is struggling with violent crime.

Her decision in this case deserves the scrutiny it's receiving. Is it a "seismic shift" in how the Hennepin County Attorney's Office handles juvenile crime, as a recent Star Tribune news story described it? We'll see.