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Nebraska's juvenile justice law under scrutiny after series of crimes

Nebraska's juvenile justice system is under scrutiny after a series of crimes involving minors. Among other things, an 11-year-old is charged with murder. “It depends on how a particular judge or district attorney interprets that law. It does talk about detention, but it doesn't talk about secure custody or the safety of staff,” said Tami Steensma, director of the Sarpy County Juvenile Detention Center. “Age is also an issue. It doesn't give us any leeway to take a juvenile under 12 into custody to commit a very heinous crime.” Steensma said it was unclear whether putting a GPS monitoring device on a child under 13 could be considered a form of incarceration. “The use of a GPS ankle bracelet or our tracking device, in my opinion, is intended to be a deterrent,” she said. “They are not being taken into custody. We don't believe it is in any way an incarceration,” said Douglas County Prosecutor Don Kleine. In Douglas County, the state can apply for the HOME program, a monitoring initiative that includes GPS ankle bracelets. While some judges would not order a child as young as 11 to wear such a device, Kleine said it has happened before. “My file shows that there are two 11-year-olds and a 12-year-old currently in the HOME program. So these are young people in the juvenile justice system who cannot be incarcerated but are being processed under the HOME program,” Kleine said.READ MORE: Omaha teens charged as adults in murder of 64-year-old man, car theft But a judge has never ordered the HOME program for at least one 11-year-old now charged with murder. This case stems from an Aug. 13 incident in which six teens, the last of whom were taken into custody Thursday, are accused of robbing a gun store in Nebraska City, stealing a wallet in West Omaha, shooting a 64-year-old Uber driver and leading police on a multi-county chase. “I don't know what the thought process was in this case, but we were sure the HOME program should be initiated in this case, and it wasn't,” Kleine said.Video: Teens allegedly tried to rob men at Omaha gas station hours before murderNebraska City Police say the 11-year-old and five other teens stole up to 11 guns from a gun store early on the morning of Aug. 13, hours before Mursal Jama was killed.The acting police chief said the teens were out in about four minutes.”So juvenile crime is definitely on the rise, or at least it's a different type of crime than in years past,” Steensma said.Previous coverage: Omaha police arrest 4 teens on multiple charges, including murderDays after Mursal Jama's murder, at least one of the stolen guns was found outside an apartment on the corner of 30th and Burt.An Omaha police report shows a teen unrelated to the original group accused of stealing the weapons from Nebraska City, was arrested at the Douglas County Youth Center on charges of possession of a firearm and tampering with evidence.Click here to see the latest headlines from KETV NewsWatch 7

OMAHA, Nebraska —

Nebraska's juvenile justice system is under scrutiny after a series of crimes involving minors. Among other things, an 11-year-old is charged with murder.

“It depends if you talk to a particular judge or district attorney on how they interpret this law. It talks about detention. It doesn't specify whether the detention facilities are safe or whether the staff is safe,” said Tami Steensma, Sarpy County's youth facility director. “Age is also an issue. It doesn't even give us the leeway for a very heinous crime of detaining a juvenile under the age of 12.”

Steensma said it was unclear whether attaching a GPS monitoring device to a child under 13 could be considered a form of detention.

“In my opinion, the use of a GPS ankle bracelet or our tracking device should have a deterrent effect,” she said.

“They are not being held. We do not believe it is in any way a detention,” said Douglas County Prosecutor Don Kleine.

In Douglas County, the state can request the HOME program, a surveillance initiative that includes GPS ankle tracking.

While some judges would not send an 11-year-old child for such an examination, Kleine said this has happened before.

“My file shows that two eleven-year-olds and one twelve-year-old are currently in the HOME program. These are young people in the juvenile justice system who cannot be imprisoned but are participating in the HOME program,” said Kleine.

READ MORE: Omaha teen charged as adult in murder of 64-year-old man, car theft

However, a judge never ordered the HOME program for at least one 11-year-old who now faces murder charges.

The case stems from an Aug. 13 incident in which six teens, the last of whom were taken into custody Thursday, are accused of robbing a gun store in Nebraska City, stealing a wallet in West Omaha, shooting a 64-year-old Uber driver and leading police on a multi-county chase.

“I don't know what the thought processes were in this case, but we were sure of it and asked for the HOME program to be initiated in this case and that was not done,” Kleine said.

Video: Teens allegedly attempt to rob men at Omaha gas station, hours before murder

According to Nebraska City police, the 11-year-old and five other teenagers stole up to 11 weapons from a gun store early on the morning of August 13, just hours before Mursal Jama was killed.

The acting police chief said the youths were outside again within about four minutes.

“So juvenile crime is definitely on the rise, or at least it is a different type of crime than in previous years,” Steensma said.

Previous coverage: Omaha police arrest 4 teens on multiple charges, including murder

Days after Mursal Jama's murder, at least one of the stolen weapons was found outside an apartment on the corner of 30th Street and Burt.

An Omaha police report indicates that a teenager with no connection to the original group accused of stealing guns in Nebraska City was arrested at the Douglas County Juvenile Center on charges of possession of a firearm and tampering with evidence.

Click here for the latest headlines from KETV NewsWatch 7

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