Mother asks judge to move case of son's killing to juvenile court

by: Ross Cavitt Updated:

COBB COUNTY, Ga. - An Atlanta-area mother is worried her decision to ask for leniency for the suspect in her son's death might backfire.
 

If convicted in adult court, a 14-year-old Cobb County boy could face decades in prison for a charge of stabbing another teen in Marietta last year.
 
The victim's mother asked prosecutors to take the suspect's case back to juvenile court.
 
Channel 2's Ross Cavitt talked to that woman, who says she's regretting her decision.
 
“I'll never have closure. I have my son in ashes, that's all I have. ... It’s hard,” said Mahogany Moody.
 
Moody still grieves her son, murdered alongside the South Marietta Parkway last fall. 
 
Cavitt had talked to some involved in the skirmish who said Marquis Carruthers had robbed a group of other teens, who then attacked and stabbed Carruthers in retaliation.
 
The suspect in the killing, Josue Chapa, 14, is being charged as an adult. Chapa could face 30 years in prison if convicted.
 
Moody realized her son made bad decisions and asked prosecutors to move Chapa's case to juvenile court.
 
“At the end of the day he's still a kid. I have other children that are older than him; he may be a good kid, but he did a bad thing. I'm not asking him to spend life in prison, because you know, a lot of people can change their lives, but he needs to do something (in punishment),” Moody said.
 
Prosecutors cut a deal with Chapa's lawyers so the teen would do five years in juvenile custody, which satisfied the victim's mother. 
 
But Judge Joanne Elsey rejected any deal and ordered the case to trial. 
 
The decision has made Moody question her decision and worry that Chapa might end up going free.
 
“Just doesn't seem like the ways things are going he might [not] do anything, and that's what the heartbreaker is,” Moody said.