Hearing will Determine if Convicted Killer is Fit for Juvenile Court

WOODLAND -- A man sentenced to life in prison could be released at 25.

Daniel Marsh, accused of brutally murdering an elderly couple in Davis when he was 15 years old, was tried as an adult back in 2014.

On Monday, the prosecution had a chance to call witnesses, who ranged from Marsh’s probation officer to a mental health counselor who dealt with him in jail. It was all to give the judge an idea of Marsh’s mental state and see if he’s fit for juvenile court.

“To see him, to smile, to gloat, to be proud of what he’s done ... " said Sarah Rice.

Rice never thought she’d be back in court and eye to eye with the man who brutally murdered her grandmother.

"We thought we got justice," Rice told FOX40. "He should be serving 52 years to life and in my eyes, that’s too short."

Marsh was convicted of killing and mutilating Claudia Maupin and Oliver "Chip" Northup inside the bedroom of their Davis condominium back in 2013. He was 15 at the time of the crime and the district attorney's office automatically filed Marsh’s case in adult court.

But in 2016, Proposition 57 passed, which has a section requiring all juvenile matters get a hearing first to decide whether the case should be tried in adult court.

It's why Marsh was back in court Monday.

“Justice to me is that he never sees these streets. He never sees the light of day in a way that we do," Rice said.

To decide whether Marsh is "fit" for juvenile court, the judge will weigh the degree of criminal sophistication, whether Marsh has been rehabilitated, his delinquent history and the gravity of the offense.

In court, the judge explained that if Marsh is reassigned to juvenile court he would have to be released by age 25.

Rice hopes he isn’t given the chance.

"We have to live this life sentence of the constant fear that he could be back on the streets," Rice said. "I’m not OK with that. So I’m going to do everything in my willpower to make sure he’s not."

Testimony is expected to last multiple days. The defense said they would not be commenting on the case until after a decision is made on a new hearing.