Friday, March 05, 1999
Teen gets adult court in school fire case
Judge cites record as juvenile
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — A 17-year-old boy accused of setting a $1 million fire at Wilson Junior High School will face charges in adult criminal court instead of juvenile court.
Calling him “a danger to the community,” Judge Richard Niehaus of Butler County Juvenile Court ruled Thursday that Tim Cummins would not benefit from counseling services offered in the juvenile court system.
The judge cited an extensive history of juvenile crime, Mr. Cummins' continued dependency on marijuana, alcohol and sedatives, and his failure to reform despite receiving many chances.
“He likes to get high,” Judge Niehaus said. “He's been educated about the risks. But he is still making the wrong decisions.”
Mr. Cummins, of Hamilton, was transferred Thursday from the juvenile detention center to Butler County Jail.
He is being held on $50,000 bond, and his case will be sent to a grand jury for possible indictment.
Mr. Cummins and a 15-year-old boy are accused of setting a fire at Wilson around 2:30 a.m. Jan. 15. Each accused the other of setting the fire with gasoline and matches, police said.
Mr. Cummins is charged with aggravated arson, receiving stolen property and complicity to forgery, and three misdemeanor juvenile probation violations.
The last two felony charges stem from the theft of a cellular phone and a $425 check.
The 15-year-old received a two-year sentence in a state juvenile detention facility after pleading guilty Feb. 5 to juvenile charges of aggravated arson, theft, forgery and complicity to theft.
The fire damaged Wilson so severely that its students have been shifted to Hamilton High School. The high school stu dents are going to classes from 7:30 a.m. to 12:30 p.m., while Wilson students attend classes from 1 to 6 p.m.
Wilson will not reopen until at least March 15, depending on when electrical work is completed, said Joni Copas, Hamilton Schools' spokeswoman.
But even when students return, the basement band room — where the fire started — and a science room above it still will not be usable.
In juvenile court, the maximum penalty Mr. Cummins would have faced was four years in a juvenile detention facility. If he is convicted in common pleas court, he could face up to 11 years in prison.
At Thursday's hearing, Andy Nastoff, Mr. Cummins' attorney, argued that his client still could be helped by certain programs in the juvenile court system. “He would not receive the rehabilitation he needs in an adult prison,” he said.
But Patrick McKnight, an assistant county prosecutor, said Mr. Cummins' case deserved to be sent to adult court.
“He has graduated to more serious crimes with this aggravated arson,” he said. “Clearly, the seriousness of this offense makes him a danger to the community.”
In a report to the court, Dr. Bobbi Hopes, of the Center for Forensic Psychiatry in Hamilton, said Mr. Cummins was unlikely to benefit from more juvenile services.
His probation violations stem from testing positive for illegal drugs when entering the juvenile detention center, playing a role in the theft of the phone on the night of the arson and being disorderly in the detention facility, said Toni Pagano, administrative services coordinator for Butler County Juvenile Court.
Juvenile court will handle these charges after the adult charges are resolved.
Sue Kiesewetter contributed to this report.
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