Why Is The Accused Reston Killer Being Charged As A Juvenile?

RESTON, VA -- A 17-year-old has been accused of murdering the parents of his girlfriend. So why isn't he being tried as an adult?

The boy, who has not been named by police by has been identified by news reports as Nicholas Giampa, has finally been taken to jail on murder charges after spending weeks in the hospital in critical condition due to turning the gun on himself in an apparent suicide attempt. But he was taken to a juvenile detention center and faces juvenile charges of murder -- what gives?

According to a 2012 memo by the Office of the Attorney General of Virginia, the teen will be tried as an adult eventually.

Virginia law allows for three circumstances in which a juvenile can be tried as an adult. In the third circumstance, "a transfer occurs when a juvenile 14 years of age or older at the time of the alleged offense is charged with capital murder, first or second degree murder, lynching or aggravated malicious wounding."

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In this circumstance, it is not up to the Commonwealth's Attorney to decide whether to transfer him to adult courts; it's "automatic" in this case, according to the attorney general.

"Whenever a juvenile 14 years of age or older is charged with capital murder, first or second degree murder, lynching or aggravated malicious wounding, he or she must be tried as an adult," the memo states. "The juvenile court holds a preliminary hearing to determine whether there is probable cause to believe the juvenile committed the alleged delinquent act. Upon a finding of probable cause, the juvenile is transferred for prosecution as an adult."

The teen just had a hearing before being transferred to the juvenile detention center. So while he may be in the juvenile court system for now, his transfer to the adult courts is inevitable.

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