An 11-year-old boy was charged in an extraordinary move with first-degree murder in the death of his 5-year-old brother likely because the details of the slaying are so heinous, a legal expert said.
The older sibling of tragic kindergartner Elias Reliford was arrested last month when his brother was found dead after a nap at the family’s Centennial, Colo., home March 10.
Very few details about the horrific crime could end up becoming public since the alleged killer, who has not been publicly named, is a minor and protected by the privacy of juvenile court, experts said.
“If we ever learn the details, they are going to be very troubling,” predicted Jeff Weeden, a Colorado criminal defense lawyer who specializes in juvenile cases.
Weeden said prosecutors wouldn’t have brought such a heavy charge against a child “unless something about this case was relatively extraordinary.
“There are probably very troubling facts and circumstances,” Weeden said.
Neither authorities nor the boys’ family will say how Elias was killed.
Elias’s great-aunt, Dawn Myles, has only called his murder “the most horrendous act that a human could commit on another human, especially a child.”
She said the kindergartner’s 11-year-old brother was told to do chores while Elias took a nap after school.
“Then that’s when everything happened — during that time that [Elias] was asleep,” Myles told WTSP.
Weeden said it is highly uncommon for an 11-year-old to be charged with such a serious offense and didn’t know of any other similar cases.
“I’ve never heard of it. It doesn’t mean it hasn’t happened, but I think it’s extremely unusual,” Weeden said
“With an 11-year-old, you have to prove that they intended to cause death, that there was some level of reflection,” he said. “The defense will say [young children] don’t have the maturity to do any of that. That this is impulsivity. They don’t even have the ability to have an adult level of intent.
“Eleven is so young for a crime of this magnitude,” he added.
The 11-year-old is too young for prosecutors to seek to upgrade his case to adult court, the prosecutor’s office confirmed to The Post.
That means the case will likely remain mostly sealed from the public to protect the child, with the purpose of juvenile cases being to rehabilitate them rather than punish.
Usually in juvenile cases, “everyone is looking at a rehabilitation solution and not necessarily a punitive component,” Weeden said.
Still, since the case is high-profile, there may be more pressure on prosecutors to act more aggressively, he explained.
It will be “tricky” because the “prosecution has to prove intent and mental capacity of an 11-year-old” and defense lawyers can argue he is “far too immature to form the requisite elements of first-degree murder,” Weeden explained.
If the defendant is found guilty in juvenile court, he could face three to seven years behind bars in the youthful offender system. His lawyer would make sure “he’s getting all the help, therapy and services in the world” while he serves his time, Weeden said.
If the brother is found too incompetent to defend himself, he will receive treatment “until he’s either restored to competency or he ends up being in the system for so many years that it’s the equivalent of serving his time,” Weeden said.
The boy is being held in the Marvin W. Foote Youth Services Center in his hometown, according to the Arapahoe County Sheriff’s Office.
Eric Ross, a spokesman for the 18th Judicial District Attorney’s Office, confirmed the DA is handling the case but said under state law it will be kept totally under wraps — with court records and hearings remaining closed to the public.
Christopher Decker, a legal analyst, also told Fox31 Denver that he can’t recall another instance where an 11-year-old was charged with murder.
“This is a highly unique case,” Decker told the outlet.
George Brauckler, the former district attorney in the office handling the case, explained on his podcast, “The Jeff and Bill Show” the difficult situation that the family faces, since Elias’ parents are also the parents of the alleged killer.
“The victim, statutorily and constitutionally, are the parents — who are also the parents of the child,” Brauckler said, adding other representatives could be appointed by the judge to ensure everyone’s interests are being advocated for.
The public may never find out how Elias died, since a judge would likely opt to protect the privacy and rights of both kids, Weeden explained.
“We would have never imagined the big brother that he was would hurt Elias,” the great-aunt said, noting the boys were extremely close.
“If you saw one brother, you saw the other one,” Myles said.She set up a GoFundMe for the family to help cover the cost of Elias’ funeral and services and to help them “rebuild their lives.”
Myles said the parents left their home and have been looking for a new permanent place to live. Their third child, a 12-year-old, is living with family in Louisiana.
“The family is not well,” Myles said. “There’s anger, there’s questions. … There’s two losses here, you know, two brothers.”
The Colorado Public Defenders, who are representing the boy, did not return a Post request for comment Tuesday.
