Braden Matthew Rockriver, 16 years old, to be Charged as Adult in Denna Strebe Case
Should 16 year old Braden Matthew Rockriver be tried as an adult? Bill Montgomery, the Maricopa County Attorney, thinks so (by James King of the Phoenix New Times):
Maricopa County Attorney's Office spokesman Jerry Cobb tells New Times that the Mesa 16-year-old accused of murdering his girlfriend's mother will be charged as an adult. The boy, identified as Braden Matthew Rockriver, will be charged with first-degree murder, a class 1 dangerous felony; and first-degree burglary, a class two dangerous felony, Cobb says.
According to police "[f]ollowing a brief struggle with his girlfriend's mother, Rockriver shot her [Denna Strebe] in the head with the stolen pistol."
The first degree murder allegation means the Maricopa County Attorneys' Office believes it can prove that Mr. Rockriver acted with "premeditation" in committing the murder. In other words, unlike the classic example of someone who kills someone else "in the heat of passion"- for example, a husband who kills his wife when he finds her in bed with another man- premeditation means the suspect actually thought about the killing beforehand. Premeditation does not require extensive planning and is commonly referred to as "reflection" (below is the standard jury instruction from ARS 13-1105):
"Premeditation" means that the defendant intended to kill another human being or knew [he] [she] would kill another human being, and that after forming that intent or knowledge, reflected on the decision before killing. It is this reflection, regardless of the length of time in which it occurs, that distinguishes first degree murder from second degree murder. An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion. [The time needed for reflection is not necessarily prolonged, and the space of time between the intent or knowledge to kill and the act of killing may be very short.]
But what about charging Mr. Rockriver as an adult? Under ARS 13-501, Mr. Rockriver, because he is 16 and charged with first degree murder, he shall be charged as an adult. In statutory interpretation, the word "shall" means that the county attorney must follow the statute and does not have the right to charge Mr. Rockriver as a minor:
13-501. Persons under eighteen years of age; felony charging; definitions
The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age and is accused of any of the following offenses: First degree murder in violation of section 13-1105...
While the statutory language seems to be clear, is it a good idea? Should a 16 year old boy be facing first degree murder charges? Even though the United States Supreme Court has ruled out the death penalty for crimes committed while the defendant is under 18, should he be facing the death penalty? Some states, for example South Carolina, have a death penalty provision for juveniles even though they are unconstitutional:
South Carolina is one of 23 states where state law allows the death penalty for convicted murders less than 18 years old. State law here sets the minimum age for execution at 16 and makes age a mitigating factor — juries can consider it in making a decision on a capital sentence — until age 18. But because the U.S. Supreme Court ruled six years ago that executing murderers below the age of 18 was “cruel and unusual punishment,” it really doesn’t matter what South Carolina law says...
Needless to say, assuming the allegations are true and that government can prove them beyond a reasonable doubt, the punishment Mr. Rockriver should face is not easy to determine. A couple years in custody and then release at 18 is obviously too lenient, but the rest of his life, let's say 50 years in custody, isn't that just too long?
For a very good overview of the entire topic of juveniles in adult court, see "Prosecuting Juveniles in the Adult Criminal Justice System" by the Children's Action Alliance. For a good blog with plenty of information regarding sentencing, see the Life Sentences blog by Law Professor Michael O'Hear.
Comments (29)
Read through and enter the discussion by using the form at the endconcerned reader - August 22, 2011 11:33 PM
I find that the statement of "isn't 50 years being locked up" too long? First of all, are you as equally as senseless as this cruel and inhumane killer? He has taken a loving wife and mother away from her family. All they have left of her are memories and pictures. I think you might re-evaluate your question had this been your loved one. -One infuriated reader
Are you serious? - August 28, 2011 11:09 PM
Are you serious re: "isn't 50 years being locked up" too long? First, this murderer, at a young age, had a total disregard for human life. Second, Denna's family and friends will NEVER see her again [in her physical form]. Her children will forever be scarred. The good that she conributed to society is forever lost. Fifty years is not long enough!
lynn connick - August 30, 2011 6:41 AM
What all of you may not understand is maybe Braden did not do this by himself WHAT ABOUT THE DAUGHTED have you thought maybe she had this young boy do her dirty work for her it has happened in the past.What BRADEN did was wrong but this is not the boy people know.So 50 yrs is way way to long for this boy to spend in jail.Think about it what if it was your child who did this crime.
Jessica Strebe - August 31, 2011 9:26 AM
TO:lynn connick... I am the daughter. I had no part in Bradens sick and selfish decisions and to all those who think I did, you are just as sick and as selfish as him. My mother was my only friend, my best friend, and we loved being together everyday. I had told my mom and my younger brother two days prior to the incident hat Braden had said he wanted to kill himself and I because I had been avoiding him for the past couple months and he felt as if he deserved me and I didn't deserved to live if I didn't felt the same and he would go on to kill himself because after killing me he no longer would have anything to live for. They both told me he was just wanting attention and I ended up agreeing. Today's society is full of all types of people that say all types of things and it makes it difficult to know what people are truly capable of, I know now, NO ONE is harmless.
For you to make such a comment is just absolutely disgusting of you. I mean really, as if I don't already feel as if the sorrow that is now upon my family and I was my fault because I brought him into our home and allowed him to become close to our family to only rip it away. So Lynn, do me a favor, keep your cruel and unknowledgeable comments to your self.
Carring Reader - September 19, 2011 10:56 AM
50 years is to long for any young man to spend in jail. This young man
must have been in a lot of pain that no one though was series enough to
get him help or do something about. Now this young man must live with
what he has done. As does the family that he has left with out a
mother, wife and loved family member he caused so much pain for. As so
many of our youth seem to be scramming out for help and it comes too
late. To help anyone and everyone involved. I believe that spending 50
years in jail will only leave this young man hared and never able to
truly rejoin society.
I believe that we the people need to find ways to help these young
people understand what there doing. I think the schools should be more
involved with students. Friends and families need to reach out and help
those they believe to be in trouble.
I am not placing blame on anyone, but asking everyone that might read
this to be more aware of how our youth truly struggles for day to day
with there feelings and emotions. When I was a youth I saw many
Students and friend that thought they could take a life, wither it be
there?s or someone else?s. I have worked with some of these same
type?s of student?s and they truly have no true understanding of
what taking a life is until it is done.
I hope that one day tragic things like this will stop. Nothing anyone
say?s can change what has happened or Stop the pain that everyone
involved feels. My heart goes out to both families and may each day
hurt a little less and the memories grow and carry you all forward.
realitycheck - October 30, 2011 11:14 PM
To little miss Jessica...you can deny all you want. The truth will prevail and you will be punished for your part in this some day.
C.Rockriver - November 15, 2011 2:25 PM
To the Strebe Family - I cannot speak for my entire family, but I can speak for myself. This tragic event has forever changed so many lives and has hurt so many people. I am very sorry for your loss and there is nothing anyone can say that will unshatter the lives that have been forever changed. I hope that your family can find peace and the strength to forgive. May God help you through this time and forever hold you close.
jason talavera - November 16, 2011 7:25 AM
My name is Jason Talavera i was detained in lower buckeye jail but now released. I was a friend of Rockriver - he's a smart good looking guy who made a huge mistake, I agree yes its a sad story and heartbreaken & i understand how the Strebe Family feels. Just Imagine being locked in your cell twenty three hours a day possibily facing a life sentence ? I see the pain in his eyes and the tears run down his eyes :/ and i pray the Strebe family will forgive this young friend of mine because in the bibile it says "you must forgive to be forgiven" no matter how hard the sitatuion is. God Bless
det pink panther - December 9, 2011 10:11 AM
jessica...can you be anymore ignorant? you just gave the detectives who are watching you more power. if you didnt have anything to do with your mothers murder then why so defensive, and why do it online for the world to see your guilty let alone for us who are in the inner circle. i was at denna's funeral and clearly remember seeing you get up and leave less than 5mins into the service and not once did i see you shed a tear. so please reply to me online and incriminate yourself more, it would be my pleasure. why dont you be honest with everyone and yourself...was this just a drug deal gone bad? its clear to everyone you found a boy to do your dirty work.
Dennas sister - December 27, 2011 1:54 AM
C Rockriver, we are a very strong family. Denna will be forever missed. Our family is forever.I can only speak for myself and as for forgiveness, that is not a thought at this point.
Now as for you Jason, you actually had the nerve to say" imagine being locked in a cell 23 hours a day"
Jason imagine my sister going about her day and a punk ass kid comes in her home and shoots her dead. Imagine her husband without his wife. Imagine her four children with no mom. Imagine Dennas only brother, 2 sisters and parents without her now. You mention Bradens tears. Imagine no less than 500 peoples tears at her funeral. Dont tell us about the Bible or what it says. Imagine for a moment that Braden took more then you can begin to imagine. Jason its nice you made a friend in jail. Denna was my first friend, not just my big sister. You Jason, imagine Dennas friends the ones she didn'tget to meet because your new friend took that chance away. We all can imagine how sweet it will be when justice is served and even sweeter when we meet Denna in heaven. Jason like I said im really happy you made a friend but since you met him in jail, you should imagine making better choices. Thanks,
I'm JMG and Dennas baby sister and I wish he was eligible for the death penalty 50 will not satisfy me and I speak for myself NOT my family or the Strebes.
Dennas sister - December 27, 2011 1:54 AM
C Rockriver, we are a very strong family. Denna will be forever missed. Our family is forever.I can only speak for myself and as for forgiveness, that is not a thought at this point.
Now as for you Jason, you actually had the nerve to say" imagine being locked in a cell 23 hours a day"
Jason imagine my sister going about her day and a punk ass kid comes in her home and shoots her dead. Imagine her husband without his wife. Imagine her four children with no mom. Imagine Dennas only brother, 2 sisters and parents without her now. You mention Bradens tears. Imagine no less than 500 peoples tears at her funeral. Dont tell us about the Bible or what it says. Imagine for a moment that Braden took more then you can begin to imagine. Jason its nice you made a friend in jail. Denna was my first friend, not just my big sister. You Jason, imagine Dennas friends the ones she didn'tget to meet because your new friend took that chance away. We all can imagine how sweet it will be when justice is served and even sweeter when we meet Denna in heaven. Jason like I said im really happy you made a friend but since you met him in jail, you should imagine making better choices. Thanks,
I'm JMG and Dennas baby sister and I wish he was eligible for the death penalty 50 will not satisfy me and I speak for myself NOT my family or the Strebes.
Jessica Strebe - December 27, 2011 6:55 PM
Det Pink Panther; You do not have the courage to put your name and that alone shows how pathetic you are, There for I have no care for your worlds. I do not care what the detectives read, because I am innocent and I have no fear. I was not trying to defend myself, I dont have to. I was defending the questioning of the love I had for my mother, I did infact leave, but only to get a friend and did return. Also yes, I was strong at the service, but I did shed tears when when my aunt Catherine got up and began talking about memories we shared and you obviously we're not at the grave site to see my reaction when it all become so real when that vult come to be sealed. You all can reply and say as you please for I have been told it all and I am unphased by your assumptions, Have a great life and a happy New Years ya'll.
det pink pather - February 1, 2012 3:48 PM
ha!! i was at the grave side and all services. i saw you posing for pics and dressed so foul your lucky your papa eyes didnt fall upon you. what shame you bring to your family. tisk tisk
dan - March 7, 2012 9:03 PM
I was Dennas first love when we lived off ove 5th ave and mesa drive and i hope he gets the chair i in my life have never hated someone somuch sorry catherine and robert but my emptiness for DENNA is to much
Dude. - March 14, 2012 8:24 PM
Braden has always been a creep, jessica didn't even want to be with him hence why he went suicidal. Its ignorant to put the blame on an 18 year old girl who was actually the victim. I feel horrible for jessica and her family it is devistating to lose a loved ecspecially to such a violent crime, strebe family hold in. There is such a thing as karma and justice will be served.
det pink panther - April 5, 2012 9:40 AM
@ "dude"...get the timeline of that day and open your eyes. for all that have pity for jessica, open your eyes. sometimes we dont want to think the bad in people till we are slapped hard in the face with it...then we have no choice but to accept the truth no matter how hard it is to swallow.
jonathan strebe - April 9, 2012 9:49 AM
You all can do me a favor and go fuck yourselves
none of you low life stupid bitches know what your saying.
and that dousch bag has every right to serve for life, he took something so special from me!!!
jonathan strebe - April 10, 2012 4:26 PM
to the Rockriver family
As you may know i am apart of the family, and what your son has done has shattered my life.
but what make dislike the FATHER is that he took no care in keeping him / family safe from that gun.
I would rather have my mom be murdered with a stolen gun that:
- was taken away from a pried open gun "safe" <-- (key word)
- a wired lock that doesnt let the gun slide close!
- something as SIMPLE as a fucking trigger lock!!!!!
But you took no care in that. as a result my mom is dead.
Thanks.
jonathan strebe - April 10, 2012 4:28 PM
to the Rockriver family
As you may know i am apart of the family, and what your son has done has shattered my life.
but what make dislike the FATHER is that he took no care in keeping him / family safe from that gun.
I would rather have my mom be murdered with a stolen gun that:
- was taken away from a pried open gun "safe" <-- (key word)
- a wired lock that doesnt let the gun slide close!
- something as SIMPLE as a fucking trigger lock!!!!!
But you took no care in that. as a result my mom is dead.
Thanks.
Brian Duffin - April 10, 2012 5:08 PM
@ Det Pink Panther:
It is unfortunate that you chose a public forum to spew hatred, ignorance, and libelous statements. You have arguably committed libel per se in your written statements, for which you may be sued by the person you libeled. I happen to be a good friend of the Strebe family and have excellent contacts in the legal community. Next time, before you defame someone in print, do your homework about the laws, and refrain from behavior that could result in a lawsuit.
Your uncouth and untoward behavior reveals a lot about the lack your character, and the inadequacies for which you are attempting to hide. To attack a grieving family is disgraceful.
Tanner - April 10, 2012 7:07 PM
All i have to say is that whoever thinks that this kid shouldn't be locked up is obviously stupid. Any man or child should be locked away for taking a innocent persons life. You all are cold hearted.
Cory Page - April 10, 2012 8:11 PM
This was senceless violence! a great and the word great is understated mother, wife, friend was taken from us to soon. fighting till her death to protect her family! which is alot more then you little cowards making your statements hiding behind your computer screens!!! I know your in a better place waiting for the rest of our family to join you couin! we all love and miss you!
mercedes goodman - April 10, 2012 8:35 PM
seriously det pink panther if you were at the grave and the funeral you obviously r blind and dont speak of what my grandfather woulda shoulda coulda thought about the way jessica was dressed how dare you come on here and think you can be little her that way obviously if you were not a coward u would tell us who u r but your too afraid because the shit you are speaking of is sheer shit. braden is a selfish piece of shit who didnt have love from a mother or father he took jessica for granted everyday because my aunt denna was the best thing on this fucking earth she was the greatest mother sister aunt daughter and most of all a huggggge heart she would do anything for anyone and now she is gone because of a selfish act and selfish on bradens and bradens parents part i personally am speaking for my self and idgaf about bradens familys pitty for ours because if u cared ur kid would not have had easy access to a fire arm in which he did not even know how to use. in my eyes more than braden should b punished. and no 100 years is not too long for a low life piece of shit. thank you.
Heartbroken Niece - April 10, 2012 9:22 PM
To lynn connick: You said in your comment "Think about it what if it was your child who did this crime." Well how about YOU think about it, what if it was YOUR mother who was the one murdered?
To Det Pink Panther: How heartless can one person be? I don't know if you haven't heard the story, but for you to talk bad about a family who is grieving at the hand of another is beyond my belief.
To All: This fighting and bickering is NOT going to bring anyone back nor relieve anyone from facing Justice or their maker.
I miss you & love you Denna may! Rest in Peace
Nathan Strebe - April 10, 2012 10:07 PM
As one who was there almost from the beginning, and the first to be in that home after it was released by investigators, I can honestly say that the feeling there was only of peace and love. What I felt there in those early hours of the next day was truly a testament of how things were in that home.
At some point during my stay that first week I had the opportunity to hold each member of that family and share their heartache and tears. But never at any point did their sorrow and anger overpower Her presence that remains there still. The outpouring of love and support from neighbors, friends and family alike was like none I have ever seen. That love continues to this day. I saw firsthand the worst of the worst but I also saw and felt the very best. I choose to remember the love.
I would give anything to take away the anger and pain of all those involved but I will not deny anyone their own healing process, whatever that may be. Anger and hatred cannot be healed by justice, and forgiveness comes with a price and is not mine to give. I choose to remember love, because that is what Denna gave, even to the end.
Perhaps no one will ever know the true depth of this tragedy and maybe it doesn’t matter. Justice is now in the hands of the legal system and it will have to run its course. They say time heals all wounds, but time is irrelevant at this point. The timeless nature of our eternal spirits and families goes on forever and it is this that defines who we really are.
Anger and hatred was the cause of this all, harsh words are best left unsaid.
Denna was often rough around the edges, but never less than brutally honest. Her compassion and love lives forever in all of us; it is her greatest legacy. May we carry this legacy forward even as we all heal in our own way and time. I may not speak for everybody but as for myself, I choose to remember the love. Farewell my beloved sister.
Selima Martin - April 11, 2012 12:12 AM
For all you guys defending Braden, keep in mind that he took another human's life away and if this was YOUR mother that got murdered, would you be defending the killer?
sheldon strebe - April 11, 2012 5:22 PM
jessica don't listen to det pink panther he obviously doesn't know anything.
det pink panther - May 2, 2012 7:58 AM
@ mercedes...the words i posted came from a family member who was angry, hurt and completely falling apart at that time but unable to speak her mind due to the back lash (example this page) so before you lash out at me why dont you stop and listen to your family members cuz all of them are still in pain and no matter how they choose to express it, maybe they just need to vent their feeling or need a family member to reach out to them. if you think this page is brutal wait till court starts. everyone in the goodman family hurts from this, take the time today and send your love to your family cuz obviously someone is not being heard.
mitzy frm tx - May 2, 2012 12:56 PM
people who post anonymously do it cuz they are hurting silently and just want to be heard. instead of lashing out as a response reach out to them. it just takes one person to make a change. all posts seem angry and bitter, and thats completely understandable. the pain and agony your family has gone through, no one can related until they too experience a nightmare as this. but everyone has their stages of grief. i hope the anger passes for all affected by this before it destroys relationships or family. my niece murdered her mother, my sister. 3years later my anger and opinion has divided me from my family and its not easy to be a family again. please dont let your anger divide you or the use of your words be your sword. may your angels and guardian walk with your every step.