Marvin Frazier, the 16-year-old Germantown boy, who is facing attempted murder charges because police say he fired a gun at schoolmates will face justice as a juvenile. Prosecutors originally wanted to charge Frazier as an adult.
Frazier’s attorney Jennifer B. Page said Thrusday that Montgomery County Circuit Judge Gary E. Bair granted a motion that the case be waived down to juvenile court.
In cases such as this, the court uses a report from the Maryland Division of Juvenile Services which will determine if a defendant’s case may be moved to Juvenile Court. The Division of Juvenile Services uses five factors to make a recommendation as to where a defendant should face justice. Those factors include age, size, past juvenile record, background and willingness to get treatment.
“This is the right decision,” said Page. “The only thing that made it go to adult court was the fact he was charged with attempted first-degree murder, which is an overcharge to begin with, even the assault charge is a stretch. Marvin shot a gun into the air, allegedly,” said Page. She went on to say that she’s defended clients who have fired guns inside of apartments that have faced lesser charges.
Frazier, whose nickname is “Squeak” because of his small stature was arrested on March 12, police responded to the area of 19641 Crystal Rock Drive for the report of a shooting that had just occurred.
According to court documents, a witness “observed a black male point a handgun at a group of others and fire two or three shots.” After arriving on the scene, police were unable to locate any victims or evidence of a shooting. However, after canvassing the neighborhood, police were able to locate three residents who had also stated hearing two or three gunshots in the area, which is less than a block away from Seneca Valley High School.
As a result of this reported shooting, Seneca Valley High School went into shelter procedure for about an hour on Monday, March 9.
The charging documents indicate that Frazier and another student were “having a disagreement and were going to fight it out at a location off of school property.” The other student told police that when he arrived at the location for the fight, “Frazier began shooting at him and his friends,” according to court documents. Police were able to obtain messages from one of the boy’s mobile devices which further implicated Frazier in the shooting.