Terry Dewayne Smith Jr. Update: Brother Held Behind Bars, Charged With Murder
Terry Dewayne Smith, Jr. was reportedly murdered by his half-brother, who now may stand trial as an adult if prosecutors decide to go that route. Skylor Atilano, 16, appeared in court on Monday and was ordered to stay in jail until September 17, when the next court date is.
The ruling, John Hall, spokesman for the DA's office, said that keeping Skylor in detention was his protection "as well as the safety of the community." Skylor also has a previous offense against him, for which he is on probation. The murder charge is a direct violation of probation, which factored into the judge's decision to keep him in juvenile detention.
"We have requested this hearing – called a 707 hearing – so the judge will determine whether this case will stay in the juvenile court or be tried in regular court," Hall told reporters. "We feel based on the evidence we have at this point in this case it would be better for the judge to make the decision in this house."
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Terry, 11, went missing while home with Skylor, who was reportedly watching him while the boys' mother was out. However, Skylor told police that he had seen Terry walking home after he followed him to another location. Volunteers poured into Murrieta, Cal. community to help locate the missing boy.
After four days, a woman who has helped authorities before, was able to locate Terry's body in a shallow grave behind his own home. Unfortunately, the body was decomposed and DNA results are still pending, but authorities are certain that it is the body of Terry.
"There is no way he could do this just by himself," Kira Nichols, a friend of Skylor's, told the Murrieta Patch. "It was not him, it couldn't have been just him. He is an amazing person."
"I believe that the circumstances here don't add up," Miguel Diaz added. "There was no way he was capable of doing this by himself. It takes a certain type of person to hide a body for four days."
