2 Fifth-Grade Boys Accused of Murder Conspiracy

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A deputy prosecutor asked Superior Court Judge Al Nielson to order that the boys have no contact with eight children identified only by their initials.

All the alleged targets were fifth-grade classmates, school Principal Clayton Allen said.

The two boys were expelled, as was a third boy who reportedly knew about the plan but agreed to stay silent in return for the promise of $80.

The newspaper said much of the probable cause evidence has not been made public yet.

The judge scheduled a Feb. 20 hearing to determine whether the boys had the capacity to form the intent to commit a crime. Children ages 8 to 12 are presumed not to have that capacity unless prosecutors can show evidence that the children tried to keep the crime secret, displayed similar conduct in the past, and knew what they were doing was wrong, Deputy Prosecutor Lech Radzimski said.

The alleged plot evolved over two weeks, Radzimski said.

Allen has been meeting with concerned parents.

“I don’t know how I would have dealt with it if a kid had been killed,” he said. “It’s tough.”

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