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Published January 31, 2008, 12:00 AM

Judge declines to free murder suspect

One of the teenagers prosecutors say was an accomplice in the murder of a 26-year-old man will remain in custody.

By: Mike Longaecker, The Republican Eagle

One of the teenagers prosecutors say was an accomplice in the murder of a 26-year-old man will remain in custody.

First District Court Judge Kevin Mark on Wednesday sided with prosecutors who said Julian Stephan Smith, 16, remained a threat to the public.

Goodhue County Attorney Stephen Betcher said the Red Wing boy “poses a substantial risk” after allegedly taking part in a Jan. 20 shooting that left Luis Orlando Galicia Mijangos, Red Wing, dead.

Smith, shackled at wrists and legs, entered the courtroom solemnly Wednesday, issuing a quick wave to family members before proceedings began.

He is being held at Minnesota Correctional Facility-Red Wing and has yet to enter a plea in the case.

If Mark decides — possibly at a Feb. 6 hearing —there is probable cause to hear Smith’s case, prosecutors will then ask to begin a process seeking to certify him as an adult. Smith would have to undergo a court-ordered evaluation to begin the adult certification process.

Authorities have named 19-year-old Marvin Todd Griffith as the suspected shooter in the case; another man, 19-year-old William Lamar Lawton, was also charged as an accomplice.

All three are facing second-degree intentional murder charges.

Smith will return to court at 1 p.m. Feb. 6 for the probable cause hearing.

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