Aug. 12-CLINTON - A September hearing has been set for a Clinton teenager charged with first-degree murder as he seeks to have his case transferred to juvenile court.
Kyler Andresen, 17, will appear before a judge at 1:30 p.m. Sept. 2, District Court Judge Stuart Werling has ruled. Andresen, 17, is charged as an adult with first-degree murder in connection with the July 20 shooting death of Zachary McDivitt, 35, of Clinton.
McDivitt was pronounced dead after he was found shot in the 100 block of North Fifth Street. Police were called to that location at 10:39 p.m. that night, and found McDivitt shot and laying on the sidewalk. He was transported to MercyOne Clinton, where he was pronounced dead.
Andresen was charged the next day in connection with the death.
In making the motion to transfer the case to juvenile court, Andresen's attorney, Mary Wolfe, made the request based on his prior negligible contact with the justice system; that pursuant to Iowa Code, juvenile court retains jurisdiction over a child adjudicated delinquent subsequent to the child's 17th birthday and prior to the child's 18th birthday for one year and six months after the date of disposition; that there are reasonable prospects for rehabilitating Andresen if juvenile court retains jurisdiction and he is convicted; and that waiver of the district court's jurisdiction over Andresen for the alleged commission of the public offense "would be in the best interests of Andresen and of the community".
Andresen will turn 18 in November.