Published: February 28, 2008 11:23 pm      

Defense urges move to juvenile court

EBENSBURG — Defense attorney Thomas Dickey asked the county court Thursday to transfer the third-degree homicide case of a Johnstown woman to juvenile court for disposition.

Brittany McCoy, now 18, was 17 when she allegedly stabbed her live-in boyfriend to death during an argument Jan. 18 at their Coopersdale Homes apartment.

Bruce Dickerson Jr., 21, died of a single stab wound to the chest, authorities said.

The defense has contended that the stabbing happened accidentally when McCoy picked up a knife to defend herself after Dickerson shoved her.

“Because she was still a juvenile at the time, we think she’s still of juvenile age mentally. We think her rehabilitative needs can be served best by the juvenile court,” Dickey said Thursday.

If the case were moved to juvenile court, the court could retain jurisdiction over McCoy only until she turns 21. If convicted as an adult of third-degree murder, she could face a maximum penalty of 20 to 40 years in prison.

However, McCoy, who has no criminal record, likely would not get the maximum.

“The issue,” said David Kalten-baugh, chief deputy district attorney, “is whether, in the limited time left for treatment, (she could) be treated and rehabilitated.”

The decision is at the discretion of Judge David Tulowitzki, who has been assigned the case.

A hearing has not been set on the petition.

Kaltenbaugh said the defense would have to present a treatment plan, which “we would weigh against the facts of the case. And our interpretation of the facts are not the same as Mr. Dickey’s.”

In the petition, Dickey said McCoy has no history of mental illness and has “suffered from a significant history of domestic abuse. ... The alleged victim had seriously and repeatedly abused the defendant.”

The public’s interest would not be served by prosecuting the case in adult court, he said.