As 11-year-old Clayton Dietz remains in adult custody in Perry County on a homicide charge, his attorney is pushing to have his case moved from adult court to juvenile court.
Under Pennsylvania law, any child charged with homicide — regardless of age — is automatically charged as an adult. But that does not mean the case must stay there.
Advocates say the difference between the two systems could dramatically shape the course of his life.
Who is Clayton Dietz?
Dietz is accused of shooting his father, 54-year-old Doug Dietz.
According to court documents, the shooting happened on Jan. 13 at the family’s home in Duncannon. Police say Clayton retrieved a gun from a safe while searching for a Nintendo Switch that had been taken away from him.
During an interview with troopers, Clayton’s mother said he told her, « I killed my dad. I hate myself. »
An affidavit also explained Clayton had a « large contusion » above his left eye and had a small cut near the middle of his lower lip.
On the day of the shooting, authorities asked Clayton what he believed would occur when he fired the revolver. He allegedly claimed he was mad and didn’t consider what would happen.
While investigators spoke with Clayton and his mother in the kitchen, a trooper also claimed to have heard Clayton say, « I killed Daddy. »
Why he’s in adult court now
In Pennsylvania, homicide charges begin in adult criminal court automatically. The burden then shifts to the child’s defense attorney to request a decertification hearing — asking a judge to transfer the case back to juvenile court.
At that hearing, the defense must prove the child would benefit from rehabilitation in the juvenile system.
“(The attorney) has to demonstrate that that’s the right place for this kid, that they’ll benefit from the treatment and rehabilitation that is offered in the juvenile court system,” Riya Saha Shah, the CEO of the Juvenile Law Center, said. “And so the burden is really on the child.”
Two separate systems, two different philosophies
The juvenile legal system was created with a different purpose than the adult criminal system.
“The reason we have a juvenile legal system is because there was an understanding that children shouldn’t be tried in the adult criminal system, that it wasn’t the appropriate place for them,” Shah said.
Juvenile court was designed around rehabilitation. The adult system, by contrast, is built primarily around punishment and public safety.
“There’s a presumption that just because a person has been charged with homicide, they must require prosecution in the adult system,” Shah said. “And it fails to really think about the circumstances of their age, their social surroundings, their family history.”
The sentencing stakes are drastically different
A child, even as young as 11, could face life in prison if convicted in adult court.
If the case is moved to juvenile court, the maximum jurisdiction in Pennsylvania extends only until age 21, but offenders often get out sooner if all parties agree they’ve rehabilitated.
For now, Dietz remains in custody as his attorney prepares to argue that he should be treated as a child under the juvenile justice system.
