Sienna Pecore appears before Brown County court via Zoom, March 13, 2023. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – A 16-year-old charged in connection with a high-speed fatal crash will stay in adult court, a judge ruled Tuesday, saying moving the case to juvenile court would be “inadequate and would unduly depreciate the seriousness of the offense.”
Sienna Pecore faces five counts, including first-degree reckless homicide, for allegedly stealing her mother’s car, driving at more than 100 mph and then crashing, killing a passenger, Cruz Beltron. The crash at Mason and Oneida streets happened on Oct. 30, 2022.
In Wisconsin, those ages 10 and older charged with certain homicide counts are prosecuted in adult court, such as in this case. Pecore was 15 at the time of the crash. As is allowed by law, the defense asked for the case to be moved to juvenile court. But in a 28-page ruling issued Tuesday, Judge John Zakowski rejected the motion.
“The court cannot ignore the fact that if this case was transferred back to juvenile court under Chapter 938, it would be classified as a Serious Juvenile Offender Class B, which means Sienna would only be held under the auspices of the juvenile system for a total of five years. The consequence of her conduct under the juvenile system’s Serious Juvenile Offender Class B classification is inadequate and would unduly depreciate the seriousness of the offense. The court concurs that under the circumstances involving the conduct of this defendant, the impact her actions have had in the community, and the possibility she could complete her supervision before the age of 21 is “inconsistent with the interests of justice and fairness”,” Zakowski wrote.
The judge also rejected a defense argument that the juvenile system would better suit her treatment needs.
“The court believes Sienna can receive adequate treatment for her needs in the adult system. She will start in the juvenile system and received the benefits of the “mandatory” and “effective” juvenile treatment as testified to by witnesses. When she enters the adult system her biggest needs, per Dr. Caldwell would be academic and mental health issues. These are the areas in which Taycheedah appears strongest. These needs would be addressed earlier in the adult system as compared with alcohol and substance abuse which is more closely tied to mandatory release dates down the road. The court finds the defendant has not proven by the preponderance of the evidence that she could not receive adequate treatment in the adult system,” the ruling states.
While another factor to be considered is deterrence for other teens, the judge doubts that will happen.
“The court’s experience is that individuals, especially juveniles, are not readily deterred by activities in the justice system. They should be deterred but the court believes generally they are not aware of these cases. One would hope that a case such as this with such dire consequences for the defendant’s behavior would cause a young person to think twice about driving fast on busy city streets. Most often young offenders do not think of consequences before committing crimes; many of the incidents are due to impulsiveness. For the record, the court finds that retaining jurisdiction in adult court is not necessary to deter the juvenile or other juveniles from committing the violation of which the juvenile is accused,” Zakowski ruled.
No trial date has been set. Pecore returns to court Wednesday, when scheduling may be addressed.
According to the criminal complaint, Pecore told police she had her mother’s car without permission.
“(The officer) asked Pecore why was she driving so fast and she said that she did not know and that she just was. (The officer) asked Pecore if she was racing another car, weaving in and out of traffic or being encouraged to drive that fast and she said she was not. (The officer) informed Pecore that a preliminary speed estimate was that she was traveling in excess of 100 MPH and Pecore said that she did not think that was right,” the complaint states.
“Pecore stated that she saw that the light was green, but then it turned yellow so she thought she could make it through the intersection. Pecore did state that she did remember seeing a vehicle stopped northbound on S. Oneida St. just south of W. Mason St. Pecore recalled the vehicle enter the intersection as she approached. Pecore stated that she then really did not remember what happened,” the complaint states.
Police used security cameras to estimate her speed.
“My analysis of the Walgreens video concluded that the Corolla was traveling an average of 170.9 feet per second or 116.5 MPH over the last 188 ft or 1.1 seconds prior to impact. My analysis of the Shell video concluded that the Corolla was traveling an average of 181 feet per second or 123.4 MPH over the last 362 feet or 2 seconds prior to impact. The posted speed limit here is 35 MPH,” the complaint states.
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