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A Lincoln County judge has denied a request to transfer 15-year-old Alisha Ochoa to the juvenile system.
Ochoa is charged with two counts of pre-meditated murder in the brutal slaying deaths of her mother and stepsister Lori and Tiara Solie. The Solies were found stabbed to death in their apartment May 17. Ochoa's boyfriend 18-year-old Michael Grandon was also charged with two counts of pre-meditated murder, as well as use of a weapon to commit a felony. The couple dated for 11 months and allegedly used drugs during that time.
Defense attorney Bob Lindemeier had argued for Ochoa's transfer to juvenile court, saying Ochoa's actions were the result of an emotionally, physically and psychologically controlling boyfriend. According to a motion filed by Lindemeier, sending a child to the adult prison system subjects them to harsher conditions than a juvenile system and decreases the possibility of rehabilitation.
Judge Kent Turnbull said in an affidavit filed Wednesday that there is enough evidence to keep Ochoa in the adult system as she was more than a bystander. According to the affidavit, the attack on Tiara appeared to be long and torturous, stating she was strangled and stabbed 16 times. Lori allegedly had multiple stab wounds in addition to abrasions to her head, lacerations and a broken jaw.
Turnbull said despite the numerous documents presented by Lindemeier about the teenage brain and Ochoa's immaturity and inability to act as an adult, the court had not been given any psychological or psychiatric evaluations of her that would explain her actions or lack of action to defend her family. According to the affidavit, there is evidence that Ochoa knew Grandon was obsessed with her and would do anything for her. Ochoa had also told a school counselor that she despised Tiara.
Grandon told law enforcement that Ochoa was involved in the planning and killing, and said Ochoa told him that if he didn't help her, then he must not love her. He said Ochoa choked Tiara until she was interrupted by her mom. Then when Lori left to go to the store, Ochoa again began choking her sister while Grandon stabbed her with the kitchen knife.
Ochoa's grandmother Judy Cotton visited the apartment after Tiara was killed, and testified that Ochoa closed the bedroom door, where Tiara's body was. Cotton was helping to wash the blood from the murder off Grandon's hands at the time, believing it to have been from a scrape. Cotton said she thought Ochoa shut the door to keep Grandon from murdering her, but the affidavit says Ochoa's action was consistent with voluntary participation. Grandon said that after Cotton left the apartment and Solie returned, Ochoa gave him looks and nods to attack her.
According to the affidavit, Ochoa's sophistication, home environment, school activities, emotional attitude and pattern of living were that of a typical 15-year-old, but her relationship with Grandon, use of controlled substances and habit of ditching school indicate an adult living pattern. Turnbull also deemed the juvenile court facilities not in the best interest of Ochoa, or public safety, and said the treatment options would not be sufficient given the nature of the crime.
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