November 12th, 2015 - Death Investigation of Kelci Lewis

In response to the multiple requests for a public statement regarding the death of Kelci Lewis, the District Attorney’s Office for the Tenth Judicial Circuit of Alabama issues this press release.  Katerra Lewis, the mother of Kelci Lewis, has been charged with Manslaughter.  Her case will proceed through the adult court system of Alabama.  As always with any pending charge, the District Attorney’s Office will not discuss the facts of the pending case.

In addition to the adult charge against the mother, there is also a juvenile delinquency case involving a minor in this incident currently pending in the juvenile court system.  This minor is not and will not be charged as an adult.  Cases involving juveniles proceed under the Alabama Juvenile Justice Act, which is quite different from the laws involving adults.  Due to the rules governing the confidentiality of juvenile cases, only limited information may be made available to the public.  The confidential nature of these cases tends to mean that the public is generally unfamiliar with the laws and procedures surrounding juvenile cases.  It is important to note that under Alabama law, a juvenile is never charged with a criminal offense, but is charged with being a juvenile delinquent.  As such, some of the well-known principles of the adult criminal justice system, such as punishment and prison, do not apply to juvenile cases.

In Alabama, juvenile law operates under the premise that the primary goal for each child charged with a delinquent act, whether that act is a minor misdemeanor or a violent felony, is to see that the child receives the care or guidance needed in order to benefit the child. This may involve individual or family counseling, psychiatric services, drug recovery, or other individualized therapeutic programs designed to rehabilitate the juvenile.

First and foremost, the juvenile court judge must determine whether a child is competent, and whether he understood the consequences of his actions before any case may proceed. The child's age, education, mental condition, and physical condition are all taken into consideration by the Court.  If the court determines that the child is not competent, then the proceedings may change from a juvenile delinquency hearing to a dependency hearing concerning the general welfare of the child. The Court will also consider whether the child is a danger to himself or others and whether there are mental health issues that need to be addressed in a therapeutic environment.  This means that the judge determines whether the child will remain in his home or is placed in a more suitable environment. As a last resort, the Court may consider placement in a secure, age-appropriate facility if it is determined that the safety of the community is at risk and that there is no lesser restrictive means to accomplish this goal.

Throughout the course of a juvenile delinquency case, the District Attorney's Office works to ensure that all information regarding the minor is kept strictly confidential and that the minor receives the supervision, care, and rehabilitation necessary for the welfare of the child while ensuring the safety of any of society's most vulnerable with whom the juvenile may come in contact.  A case of this nature, while not unprecedented, is nevertheless a rare occurrence.  Although there are other methods for the state and the juvenile courts to intercede in the life of a minor, the unique and tragic facts surrounding this case make a juvenile delinquency proceeding the best route for reaching a just resolution for all involved. 

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.