The 12-year-old girl who stabbed her brother to death would have been sentenced to life in prison if she had been a year older under a unique Oklahoma law that allows children over the age of 13 to be charged as adults, but will likely spend a few years in a juvenile facility before being sent home.
DailyMail.com does not name the child. On January 5, she stabbed her brother, Zander Lyda, three times in their home in Tulsa, Oklahoma.
Their mother, April, was at home and ran into her son’s room screaming. She thought he was having a nightmare until she noticed the blood seeping through his sheets. He was trying to sleep when his sister came downstairs and attacked him.
The girl, sobbing and screaming, ran out of the house shouting “I’m so sorry!”
Since then, she has been undergoing treatment at a juvenile facility in Tulsa.
DailyMail.com does not name the child. On January 5, she stabbed her brother, Zander Lyda, three times in their home in Tulsa, Oklahoma. She is shown being handcuffed afterwards
Zander, left, was lying in bed trying to sleep when his sister attacked him. They are shown with their younger half-brother, who is three years old. He wasn’t home at the time
Details of his case are under seal so many details of his crime remain unknown, but his mother has claimed online that drugs may have played a part in the tragedy.
Under Oklahoma law, a child age 13 or older can be charged as an adult with a crime such as murder.
It’s unclear how far the girl was from her 13th birthday, but if the attack had happened after she could have faced five years in a juvenile facility – and the rest of her life in a prison for adults.
Because she is so young, the legal process is radically different.
After being charged, she has the option of stipulating at the state’s request – pleading guilty – or requesting a trial.
If a lawsuit continues, she could attempt an insanity defense and even claim she was under the influence or had been severely impaired by the drugs her mother claims may have been to blame.
His mother did not make it public what this drug was.
Carter Jennings, an Oklahoma criminal defense attorney who handles juvenile cases, told DailyMail.com she would be unlikely to succeed with an insanity defense because she threw the knife away. through her bedroom window after fleeing from her brother’s bleeding body. .
“The child threw the knife out the window. She tried to cover her tracks, so I don’t know what level of success you would have [with that defense.]
“We don’t really have a reduced capacity defence… even in juvenile cases they could legally come up with one, but based on those facts I don’t think it would be a success.”
Pictured: The Family Center for Juvenile Justice in Tulsa, where the 12-year-old girl was being held after the fatal stabbing in January
If found guilty or stipulated, she will likely face a sentence in a juvenile facility.
There are two in Tulsa, including the Tulsa County Juvenile Center, where she was taken after the attack.
His sentence will focus on rehabilitation and Jennings said the centers are “not fun”.
“It’s certainly not a prison, but in terms of juvenile facilities, they are under surveillance.
“They can be handcuffed, eat at certain times, sleep at certain times. It’s not quite prison, but it’s very serious,” he said.
He added that it would be highly unusual for the child to spend more than a few years at the facility – and she would almost certainly not be there until she turned 18.
“It is unlikely to exceed 18 due to the young age of the child. It’s very special, but when a person is placed in such an establishment, it can last six months, a year, 18 months.
April Lyda, the children’s mother, stands by her side. She has vowed to seek justice for both her daughter – who she says was heavily influenced by the drugs – and her son
Zander Lyda who was stabbed to death in Tulsa, Oklahoma on January 5 this year
“When you overshoot longer than that, you’re looking at something unique – which it is – but the kid is just too young to have any serious consequences at that age.
“The law understands that a 12-year-old may not have all the decision-making abilities that an older child would have.
“Barring something crazy, she probably won’t be in a facility until she’s 18. Two years would be reasonable.”
The Tulsa County District Attorney’s Office declined to comment, citing the fact that the case is under seal.
It remains unclear which part of the legal proceedings the case is in.
In March, her mother told supporters who had donated to a family fundraising page that she was undergoing a psychiatric evaluation.
“I support her a lot and I love her a lot.
“Obviously we both need a lot of healing before we can be together again and she needs mental and emotional help after that.
“She might have permanent damage, we don’t know yet, but she had no issues,” she said in a more recent post.
The boy’s father, Levi Lyda, had no comment.
