Mother Prepares for Another Battle as Son’s Accused Killer Heads Back to Juvenile Court

SACRAMENTO -- It's been a long road for Nicole Clavo.

"I am in it for the long run," Clavo told FOX40.

Nearly three years ago her 17-year-old son, JJ, was shot and killed in north Sacramento.

Clavo was back in court Thursday to face his accused killer.

"Today's hearing is the first hearing after the law has gone into effect in regards to 1391 and she ruled that he will be tried in juvenile court," Clavo said.

Keymontae Lindsey, then 15 years old, was arrested and charged in her son's killing.

But now Clavo is facing a new law, Senate Bill 1391, that prohibits 14- and 15-year-olds from being tried as adults.

"The California voters voted on Proposition 57 that stated that 14- and 15-year-olds would be charged as an adult per judge's decision," Clavo said. "Why was there a need for them to place a blanket law in place that has no streamline or no parameters?"

The Sacramento County District Attorney's Office issued a statement about Thursday's hearing saying, "While we respect the court's ruling, we still are of the belief that the law is unconstitutional. We are currently analyzing our potential for appeal on the ruling that the court made."

Sacramento area lawyer Mark Reichel said lawyers and judges dealing with the introduction of SB 1391 are facing unchartered territory, including those presiding over Clavo's case.

"For a judge who is going to make a ruling in this, it's kind of like there could be minefields somewhere, things you don't see that you don't realize," Reichel told FOX40. "But in hindsight, later on, on appeal one of the lawyers on either side could raise."

While Clavo says the verdict is disappointing, she's committed to helping others facing the same plight.

"Many the victims who are currently in the same situation that I am in and we all feel strongly," Clavo said. "We want answers. We all want an explanation."

Clavo said her lawyer is preparing for an appeal she hopes will send the case back to adult court.

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