Questions persist about teen murder suspect

A judge's decision on whether to try a 16-year-old boy as an adult on charges he killed a man with a baseball bat became more complicated yesterday.

A three-person panel from the state's Department of Juvenile Services was split on its recommendation to Circuit Court Judge William C. Mulford II. Earlier this year, the panel voted 2-1 in favor of seeing Christian John Schellenschlager Jr. tried as an adult on second-degree murder charges in the April 29 killing of 49-year-old Brian Michael Myers.

But yesterday, one of those on the panel withdrew her vote.

Kate Weisiger, a DJS research coordinator, said she can't make a recommendation either way after learning the former Glen Burnie High School sophomore was unexpectedly accepted into the Turning Point Youth Center in rural Michigan. She expected him to be turned down by that program and the nation's three other suitable facilities.

Judge Mulford ordered the department to review the matter and make a new recommendation for or against adult court. He said he has never heard of a split recommendation like this.

The final decision on which court will hear the case rests with Judge Mulford, and he doesn't expect to make that decision for at least a month.

Prosecutors and defense attorneys argued their respective cases yesterday and plan to continue those arguments at another hearing Dec. 17.

If convicted in an adult court, Mr. Schellenschlager - who was 15 at the time of the killing and claims self defense - could face up to 30 years in a state prison. If found delinquent in a juvenile court, he can only be held for another five years - until his 21st birthday.

Mr. Schellenschlager, however, probably would serve much less time than that. Ms. Weisiger said that most teens who go to Turning Point complete the program in nine to 18 months. She explained the state can not confine a teen after they have completed a program because that amounts to punishment. The state's juvenile court system is supposed to rehabilitate, not punish, she said.

Ms. Weisiger said Mr. Schellenschlager, who currently has two separate assault charges pending in juvenile court, would return to Maryland after he completed or was expelled from the program. He could then be placed in a group home or in some kind of monitoring program.

Turning Point offers a highly structured and secure residential treatment program for boys in need of psychiatric treatment, according to court testimony and the center's Web site. The program has 60 beds and maintains a "closed medium/high secure setting" with the use of electronic monitoring and 24-hour staff supervision.

According to court documents, Mr. Schellenschlager and Mr. Myers were arguing about 5 p.m. April 29 outside the teen's home on Saint James Drive. Witnesses said Mr. Schellenschlager and some friends were playing in a wheelchair and Mr. Myers didn't like that. An argument ensued between the boys and the man.

Police said Mr. Schellenschlager left the area and returned a short time later with an aluminum baseball bat. One witness told police Mr. Schellenschlager approached Mr. Myers from behind and hit the homeless man on the head.

Mr. Myers was taken to Maryland Shock Trauma Center in Baltimore, where he died May 14. Police arrested Mr. Schellenschlager on May 18.

Detectives originally charged Mr. Schellenschlager with premeditated first-degree murder - a crime that carries the possibility of life in prison.

But Peter S. O'Neil, Mr. Schellenschlager's defense attorney, said his client was acting in the defense of his brother and friends. He said Mr. Myers, who had an extensive rap sheet including dozens of arrests, had a blood alcohol content of .22 - almost three times the legal limit to drive in Maryland - and was threatening the boys with a large bottle.

A county grand jury declined to indict Mr. Schellenschlager on the first-degree murder charge, forcing prosecutors to drop the adult case and charge him in juvenile court with the lesser charge of second-degree murder.

Dr. Sybil Smith-Gray, a state-hired psychologist who interviewed Mr. Schellenschlager earlier this year, testified last week he showed signs of an "emerging anti-social personality disorder."

According to U.S. National Library of Medicine and the National Institutes of Health, anti-social personality disorder is a psychiatric condition characterized by chronic behavior that manipulates, exploits or violates the rights of others. Those actions are often criminal.

Dr. Smith-Gray added that Mr. Schellenschlager doesn't believe he did anything wrong and isn't sorry for what he did to Mr. Myers. She described that as the primary barrier to him succeeding in treatment.

Mr. O'Neil argued that Dr. Smith-Gray performed a shoddy investigation and that the information she was able to gather was not enough to support her claims.

Still, the Department of Juvenile Services recommended earlier this year that Mr. Schellenschlager be tried as an adult.

To reach that recommendation, three DJS officials voted. Two voted for adult court, one voted for juvenile court. With Ms. Weisiger withdrawing her vote yesterday, that leaves the vote tied.

Mr. Schellenschlager returned to the Cheltenham Youth Facility after yesterday's hearing. He will remain there at least until Judge Mulford rules on which court should hear his case.

Ms. Weisiger said Mr. Schellenschlager has done "impeccably" well in Cheltenham in the past five months. She said he has received high marks and several awards for good behavior.

"He follows the rules. He has done well," Ms. Weisiger said. "He gets along with everyone."