THE autopsy conducted by a pathologist of the Commonwealth Healthcare Corp. found that Sophia Aldan Demapan’s cause of death was massive trauma, according to the criminal division of the Office of the Attorney General.
Demapan, 20, was fatally struck by a vehicle on the night of July 27, 2021 in Marpi.
In a statement to the media on Monday, acting Chief Prosecutor Chester Hinds said the AG’s office is providing an explanation to the community in light of inquiries “about why the [17-year-old] person involved in a case involving the traffic fatality is being charged as a juvenile and not as an adult.”
In this case, he added, juvenile jurisdiction is required by law.
6 CMC § 5121 states that “[t]he Superior Court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act.”
Generally, Hinds said, a 17-year-old is considered to be juvenile under the statute.
6 CMC § 5121(d) states that juvenile jurisdiction shall not apply to juvenile violators of non-felony-level traffic statutes.
“Basically, juvenile court has exclusive and original jurisdiction over all felony level traffic cases, such as homicide by vehicle, 9 CMC § 7110(a),” Hinds added.
He said 9 CMC § 7110(a) states that “[w]hoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any law applying to the operation or use of a vehicle or to the regulation of traffic shall be guilty of homicide when the violation is the proximate cause of the death.”
Hinds said the “law does provide that a juvenile could be charged as an adult under 6 CMC § 5131, which states that any juvenile, age sixteen years or age seventeen years, who is alleged to have committed murder, shall be proceeded against as an adult. To charge a juvenile with murder, there would have to be evidence that the juvenile acted intentionally to cause the death of another.”
The juvenile, in this case, is charged with homicide by vehicle, Hinds said. “However, details about the proceedings cannot be shared as the case is charged in juvenile court and all proceedings are confidential and closed to the public except upon order of the court.”
The Office of the AG is currently addressing the need for the victim’s immediate family members to be present at all scheduled hearings, he added,
Regarding the autopsy, Hinds said: “The autopsy conducted by Dr. [Philip] Dauterman was finalized on Aug. 18. Cause of death found was massive trauma. The manner of death was a motor vehicle accident. All injuries found were related to the cause and manner of death.”
The 17-year-old defendant was scheduled to appear for an arraignment on Monday before Presiding Judge Roberto C. Naraja, Variety learned.
Sophia Aldan Demapan was laid to rest on Thursday.
According to Commonwealth law, homicide by vehicle is punishable up to 10 years imprisonment and a fine of up to $10,000.
