Mt. Pleasant teen to stand trial as juvenile in fatal shooting
GREENSBURG — A Westmoreland County judge Monday ruled that the case of a 15-year-old Mt. Pleasant boy accused of fatally shooting another teen earlier this year will be held in juvenile court.
The decertification hearing for John Burnsworth III was held before Westmoreland County Common Pleas Judge Rita Hathaway. Hathaway said she had reviewed the background records in the case, including the report of a doctor who had interviewed Burnsworth for nine hours. She also noted that the victim’s family did not oppose the transfer to the juvenile system.
“The court finds that transfer to the juvenile system will serve the public interest,” Hathaway said. No matter what happens to John Burnsworth, it won’t bring back the victim.”
Hathway said Burnsworth and the victim, 13-year-old John “J.R.” Gustafson, were present in a home with guns and without adequate adult supervision when Gustafson was shot on March 20. Burnsworth was 14 years and five months old at the time of the shooting, Hathaway said, but is immature for his age and has been impacted by a childhood marked by neglect. Hathaway said the report prepared about the boy shows he has a mental age between 8 and 11 years old.
“He has shown remorse and accepted responsibility. He is not a threat to the public safety or safety of others,” Hathaway said. “He has stated on numerous occasions that this was his best friend.”
Hathaway said Burnsworth has related that he has had dreams about his friend, including one in which Gustafson appears to him alive and Burnsworth tells him “They told me you were dead.”
“The only normal life this juvenile has had was when he was in foster care, and he would give anything to be back with that family,” Hathaway said.
Burnsworth’s attorney, Rick McCague, said Monday’s ruling was the result he and his client had been looking for. McCague said he is optimistic the homicide charge will be reduced to manslaughter.
“I think it was simply an accident. He was given a gun, and he pointed it at somebody. He tried to make sure it wasn’t loaded, but unfortunately he was unsuccessful in that,” McCague said. “He is a particularly vulnerable child. My client is also a victim here. He is the victim of pervasive neglect…. It’s been horrible for the family of J.R., and there’s nothing I can say that will make it better. I think the court admitted this looks very much like an accident, so it may be considered manslaughter.”
Hathaway noted that Burnsworth has been amenable to treatment and could receive treatment through the juvenile system for another 6 years, until he turns 21, if found guilty. McCague noted that like in adult proceedings, juveniles are presumed innocent unless proven guilty.
Neither Burnsworth nor Gustafson lived at the Mount Pleasant home where the shooting took place.
Three adults have been charged in connection with the case. Joshua Ryan Hudec, 31, of Mount Pleasant was held for court on charges that he enabled access to the gun that killed Gustafson in his home. Brooke Leane Nelson, 18, of Mount Pleasant allegedly allowed Burnsworth to access the gun before he allegedly pointed it at his friend. Kristopher M. Lewis, 44, of Mount Pleasant was the gun’s registered owner, according to testimony.
While Hudec was at work, Nelson, a live-in caretaker, was at the residence with Hudec’s three children and others who did not live there, including Gustafson and Burnsworth.
According to the affidavit of probable cause, Nelson wanted Gustafson out of the house March 20. She allowed Burnsworth to access the Springfield 9 mm handgun. He allegedly removed the clip and told her “I’ll scare him with this” before pulling the trigger.
Gustafson was found dead in the kitchen from one gunshot wound to the head. Detectives testified the kitchen is adjacent to the bedroom where Hudec kept the gun unsecured beneath a mattress.
Lewis won the gun at a gun bash and allegedly sold it to Hudec without properly transferring the ownership, according to testimony.
Burnsworth remains in custody pending a juvenile hearing.