Adult charges in limbo for teen murder suspects

PORTALES -- A shortage of grand jurors Friday could result in prosecutors’ inability to charge teenagers as adults in connection with a homicide last month.

District Attorney Brian Stover said a grand jury was convened Friday to decide if the four teens should be tried as adults in connection with the slaying of James Roper, 37.

But only 11 people responded to the summons to serve as grand jurors; a minimum of 12 is required before the case can be presented, Stover said.

“From the time we filed our notice of intent to seek adult sanctions, we had 10 days to show probable cause either by grand jury or preliminary hearing,” Stover said.

For one of the four suspects, that deadline was Friday, Stover said. He has until this coming Friday to show probable cause for the other three.

Stover said he has filed a notice with the court for an extension because of the grand jury shortage. If the court declines to grant an extension, “it’s possible (the suspects) will be released as a result of the delay,” Stover said.

Stover said the teens will still face charges, but maybe not adult charges if the extension is not granted.

Stover said he doesn’t know why a minimum number of grand jurors failed to appear Friday, but “I’m hoping it’s not apathy. When we say this kind of thing is important, this is what we mean.”

All four of the teen suspects are charged with second-degree murder after Roper was beaten and kicked in the head in an alley behind a Portales convenience store on June 5. He died two days later in a Lubbock hospital.

Stover said he chose the grand jury to consider charging the teens as adults because a preliminary hearing would require they be returned to Portales from Bernalillo County where three are being held in a juvenile detention facility. One of the suspects remained at large on Friday, Stover said.

The district attorney said he expects to know Tuesday whether an extension will be granted.