Judge will now decide if teen is tried as adult

By Jeniece Smith

CLINTON — A two-day hearing to determine whether a second teen charged in an alleged murder-for-hire scheme will be tried as a juvenile or an adult concluded Wednesday in Clinton County District Court, with a judge expected to file a written ruling on the case.

Ryan M. Peters, 17, faces felony charges of first-degree burglary, attempted murder and conspiracy to commit murder.

Police say Randalle O. Cross hired Peters, of Delmar, and Nicholas J. Hebdon, 21, of DeWitt, to kill Cross’ stepfather, Gary Smith. Peters is accused of going to Smith’s DeWitt residence the day after Thanksgiving with alleged gunman Hebdon. Hebdon allegedly fired one shot at Smith, narrowly missing him.

Peters’ attorney Mary Wolfe argued Wednesday that Peters’ alleged actions in the case were less severe than the alleged actions of his two co-defendants. Cross and Hebdon also are charged with first-degree burglary, attempted murder and conspiracy to commit murder.

Wolfe also argued that Peters could possibly be rehabilitated in a short period of time if convicted in juvenile court.

Nancy Barnhart, who provided foster care to Peters for about a year, testified Wednesday the teen had made progress and was a “totally different kid” within the first month of being in her care in 2008.

Barnhart went on to add she asked to have Peters removed from her home in November, but said she had planned for it to be temporary and to bring him back into her care.

“I don’t have a problem with Ryan,” said Barnhart. “He has an anger problem. He needs help.”

Assistant County Attorney Ross Barlow, representing the state, has said the time constraints of Peters being tried in juvenile court are a concern to the prosecution. Peters turns 18 in December. If he was tried and convicted as a juvenile, the court would have jurisdiction over him for up to 18 months following a judgment being made.

Barlow emphasized Wednesday that Peters has already been provided with many of the services typically offered in juvenile court, such as psychiatric help, counseling, medication and foster care.

Clinton County Juvenile Court Officer Chris Spencer filed a report recommending against transferring Peters’ case to juvenile court. Spencer testified that age was the main factor in his decision to recommend against the transfer.

He added that his interview with Peters led him to believe that the teen is “looking for the easy way out” instead of seeking rehabilitation.

Spencer also said he based his decision on an interview with alleged victim Smith. According to Spencer, Smith said Peters and Hebdon were motivated by money. Police say Cross offered to pay $5,000 each to Peters and Hebdon to commit the murder.

Spencer also said Smith requested that Peters, Hebdon and Cross be prosecuted to the fullest extent of the law.

At the beginning of the hearing, Judge David Sivright denied a motion by Wolfe to reject Spencer’s report on Peters. Wolfe claimed there could be a possible conflict of interest since the supervisor who signed off on Spencer’s report was listed as a witness for the state.

Spencer’s supervisor, Kathleen Biscontin, allegedly had a conversation with Peters on Dec. 1 about an October criminal mischief charge the teen is facing. Biscontin testified Wednesday that Peters gave up information to her about his involvement with Cross.

Biscontin said Peters told her he was involved in Cross’ planning process for the attempted murder, and claimed he said he had tried to talk Cross out of the crime.

She said the conversation led her to send an e-mail to the Clinton County Attorney’s Office, which helped lead to the arrests of Cross and Peters following the initial arrest of Hebdon.

Sivright ruled that the statutory purpose of the report was not compromised by Biscontin being a witness, since the purpose of the report was for juvenile court services to determine if the court would have sufficient time to rehabilitate Peters if the teen was convicted in juvenile court.

“When they’re doing this, they operate under the assumption that the child would be adjudicated to have committed a delinquent act,” Sivright said.

The judge said he will file a written ruling on Peters’ case once he has examined the material presented Jan. 13 and Wednesday.

Cross, 17, of DeWitt, will be tried as an adult for his alleged involvement in the crime. Sivright released a ruling last week denying a motion by Cross’ attorney, David Zimmerman, to transfer the case to juvenile court.

Sivright cited the time constraints of trying Cross in juvenile court as a factor in his ruling. Cross will turn 18 in September.

Cross and Peters appeared in court for pre-trial conferences Wednesday morning. Tentative trial dates for both have been set for 9 a.m. Feb. 22.

Hebdon’s next court date, a pre-trial conference, is set for Feb. 11 at 9 a.m.

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