Boy, 14, faces trial as an adult in killing

The 14-year-old boy accused of gunning down a New Orleans Jazz and Heritage Festival fan last month will be tried as an adult, a juvenile court judge ruled Friday.

John Duncan now faces a probable indictment on first-degree murder charges in the May 1 fatal shooting of Daniel Breaux, 57, an artist and popular Jazz Fest dancer.

Breaux was shot once in the back of the head after a robbery attempt, police said. Four teens were booked with first-degree murder and attempted armed robbery in connection with the killing. Duncan is the third of the four suspects to be sent to adult court.

Three of the teens told police that Duncan tried to rob Breaux, and when Breaux told them to scram, the 14-year-old stepped back, aimed his pistol and fired.

Because of his age, Duncan cannot face the death penalty. If indicted and convicted of first-degree murder, the maximum penalty that a 14-year-old can get in adult court is imprisonment until he turns 31. In the juvenile system, the same crime is punishable with incarceration until age 21.

After more than five hours of testimony Friday that included Duncan's history of landing in trouble and a debate about whether Louisiana's juvenile justice system offers true rehabilitation, Judge C. Hearn Taylor ruled in the state's favor, ordering that Duncan be tried as an adult.

Louisiana's juvenile justice system lacks successful rehabilitation programs, Taylor said. He agreed with the state's argument that Duncan, if found guilty, deserves prison.

"We're talking about first-degree murder. It's the worst of the worst," Taylor said. "Are we a juvenile court equipped to handle John Duncan?"

Assistant District Attorney Jamie Mosser said the state's juvenile prisons can't help violent offenders.

"It is a one-size-fits-all type of rehabilitation program," Mosser said. "If you steal a car, you get the same type of rehabilitation as you would if you commit first-degree murder."

Duncan, dressed in a white dress shirt and black pants, sat next to his mother during the daylong hearing. She kissed his cheek after the judge's ruling.

Public defender Andrew Christenberry argued that Duncan is a mentally retarded teen in need of treatment, not punishment.

"John should not be used as a sacrificial lamb to make the state do what they should have done," finance rehabilitation for juvenile offenders, he said.

Duncan's school record includes truancy, fistfights and taking a knife to school, according to prosecutors. He has been booked with attempted auto burglary, simple battery and making threats. His only conviction was on a charge of simple battery.

Duncan wouldn't talk to police after his arrest and told a psychiatrist he didn't have anything to do with Breaux's death, saying he was with his mother at the time.

A psychiatrist who has interviewed Duncan four times said the teen is streetwise but academically performs at a fifth-grade level.

On March 22, police arrested Duncan in the car burglary case. Prosecutors said Duncan called the alleged victim of the car burglary a "crackhead" and threatened to "get her" when he got out of jail. He then threatened the police officer who cuffed him, prosecutors said.

A police officer testified Friday that Duncan said, "This isn't over. . . . I can handle my business."

Two of the other suspects in Breaux's slaying -- Cedric Curtis and Kelvin Atkins, both 15 -- were transferred to adult court May 11. Gerone Walls, 15, remains in the juvenile system and is scheduled to appear in court next week for a hearing about whether he is legally competent to participate in his defense.

. . . . . . .

Gwen Filosa can be reached at gfilosa@timespicayune.com or (504) 826-3304.