Alleged shooter set to be tried as adult
A 16-year-old Baton Rouge boy, his older brother and a cousin were indicted Wednesday on second-degree murder charges in a fatal 2012 home invasion, setting the stage for the teen to be tried as an adult.
The East Baton Rouge Parish grand jury’s indictment of Derian and Benjamin Bailey and Juan Herbert came two months after the Louisiana Supreme Court affirmed an appeals court finding that there is no “substantial opportunity” for Derian Bailey, 16, to be rehabilitated in the state’s juvenile justice system.
Bailey was just 14 when police accused him of donning a ski mask and fatally shooting Derrick Marioneaux, who died Nov. 6, 2012, in a hail of gunfire after three people burst through the front door of his Wyandotte Street home toting a .22-caliber handgun, sawed-off shotgun and semiautomatic assault rifle.
Bailey’s case is believed to be just the second time in East Baton Rouge Parish that a juvenile who was 14 at the time of arrest has been transferred to state court to stand trial on murder charges.
If convicted as an adult, Bailey — under state law — cannot be imprisoned beyond his 31st birthday because of his age at the time of the shooting.
Juvenile Court Judge Pamela Taylor Johnson had determined Bailey had the mind of a 10-year-old and would be better off in juvenile custody with access to a child psychiatrist and specially trained staff.
The state 1st Circuit Court of Appeal reversed that ruling in April, saying prosecutors had met their burden under the law and presented “clear and convincing evidence that there is no substantial opportunity” for Bailey to be rehabilitated as a juvenile.
District Attorney Hillar Moore III has said his office found Derian Bailey to be a “high-risk juvenile offender with several violent crimes involving the use of handguns.”
Benjamin Bailey, 2630 Arbutus St., is 21. Herbert, 3127 Pampas St., is 22.
The Bailey brothers and Herbert are accused of kicking in Marioneaux’s front door and opening fire as he sat at his table eating a meal.
Marioneaux’s wife and daughter, who had been inside packing for a trip to Walt Disney World, managed to flee the home unharmed.
Derian Bailey, 2630 Arbutus St., inadvertently shot Herbert during the home invasion, authorities have said, and all three gunmen were arrested after taking Herbert to the hospital. All three remain in jail.
Investigators have said the shooting was motivated by robbery.
The murder case has been assigned to state District Judge Trudy White.