Kiger to be tried as a juvenile in death of girl
CLINTON, Iowa — A 15-year-old boy charged in connection with the death of a 13-month-old girl will be tried as a juvenile after a judge ruled that he is not competent to stand trial in adult court.
Prosecutors had sought to have Shawn Kiger tried as a youthful offender, meaning he would be tried in adult court and, if convicted, be detained in a juvenile facility until he turned 18, then be evaluated to determine if further incarceration in an adult prison would be necessary.
But Clinton County Circuit Judge Gary McKenrick has ruled that Kiger is too immature to assist in his own defense in adult court. McKenrick wrote in his ruling that Kiger would have to remain at the Iowa Juvenile Home in Toledo until he was mature enough to participate in his own defense, which would likely not occur until he turns 18 in three years.
“Such a delay would not be in the best interests of either the child or the community,” McKenrick wrote. “Indeed, such a delay may create serious impediments to the child’s prosecution under the due process clauses of the federal and state constitutions.”
Kiger has been charged with child endangerment resulting in death in the Nov. 22 death of 13-month-old Arryana Clark, who died as a result of head trauma.
Arryana was the daughter of Marvin and Jessica Barnhart-Clark, who lived in a farm building that had been renovated into an apartment on the rural Delmar farm of Jessica’s parents, Noel and Nancy Barnhart. The elder Barnharts were Kiger’s foster parents. Kiger was 14 at the time of Arryana’s death.
Kiger had been left alone with Arryana for about 15 minutes when she suffered an injury to her head, investigators have said.
Psychologists and social workers who have worked with Kiger testified during court hearings that Kiger is immature for his age and has a history of behavioral disorders.
Assistant Clinton County Attorney Ross Barlow declined to comment on the ruling Tuesday but did say he expected a pre-trial conference for Kiger to be scheduled soon.
Kiger’s attorney, Jack Wolfe, could not be reached for comment.
— Steven Martens