Judge OKs request for new judge in boy's homicide case

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A new judge will be assigned to hear the case of a 9-year-old eastern Arizona boy who killed his father's roommate.

Apache County Superior Court Judge Michael Roca had overseen the case since the boy was arrested in a double homicide more than a year ago. In exchange for the boy's guilty plea to negligent homicide in the death of his father's roommate, prosecutors dropped charges in his father's killing.

Sentencing has been delayed for months while experts evaluated the boy and attorneys figured out how to secure treatment outlined in the plea deal. The attorneys said Roca surprised them at a hearing last month when he indicated he might reject portions of the agreement and order the boy to be committed to the Arizona Department of Juvenile Corrections.

The plea deal was designed to give the boy the chance at a normal life and guaranteed he would not spent any time in the state juvenile corrections system.

Defense attorney Ron Wood filed a motion for a change of judge, claiming Roca was biased against his client and he had no authority to reject the plea deal. Apache County Attorney Michael Whiting did not object.

A Navajo County judge assigned to hear the request granted it Wednesday afternoon during a hearing in St. Johns.

Judge Tom Wing said he found sufficient grounds to disqualify Roca. He cited conversations Roca had with juvenile probation officials about the case that did not include the attorneys.

Roca said sentencing the boy to treatment in his hometown of St. Johns would be "pure poison," and he was unsure if he could lawfully require the boy's mother to leave the state for treatment as two psychiatrists had recommended.

Whiting said attorneys may have found an option for treatment at one of two inpatient treatment facilities in Maricopa County. He said this week that attorneys are scheduled to tour the facilities next month.

The boy was 8 when the shootings occurred, shocking residents of the small town of St. Johns were murders had been rare. The Associated Press has withheld his name because of his age.

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