'Element of self-defense' likely reflected in charge against Montgomery HS stabbing suspect: Expert

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'Element of self-defense' likely reflected in charge against Montgomery HS stabbing suspect: Expert
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Legal analyst Steven Clark points at what police have said about the two stabbing victims walking into the suspect's classroom - something that will be closely looked at in this case.

Legal analyst breaks down what could happen to the 15-year-old suspect accused of fatally stabbing a student at Montgomery High School in Santa Rosa.The 15 year-old Santa Rosa school stabbing suspect was in court on Monday. He was charged with one count of voluntary manslaughter, enhancement for use of a knife, and one count of bringing a knife onto school grounds.

"The fact that the DA filed voluntary manslaughter suggests that they do not believe that this was an appropriate use of self-defense, but there was an element of self-defense to it. It was not a premeditated planned murder," said legal analyst and lawyer Steven Clark. Clark points at what police have said about the two stabbing victims who walked into, not their classroom, but the one where the suspect was. He says it's something that will be closely looked at in this case. The 15-year-old will not be charged as an adult. A Senate Bill passed in 2018 does not allow anyone 15 or younger to be charged in California as an adult, regardless of the offense.

As for the penalties that the teen suspect in the fatal Montgomery High stabbing could face if found guilty, Clark says the juvenile system is designed for rehabilitation, not punishment. "This juvenile could face time in custody depending on his prior history and the underlying facts of the case, but you have to remember it's a 15-year-old, so it could be a case involving probation and counseling and not a significant amount of custody time," said Clark.

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