A federal judge on Wednesday allowed a teenager charged with sexually assaulting and killing his 18-year-old stepsister on a Carnival Cruise ship to remain free for now as the judge considers arguments following a hearing in Miami.The suspect is referred to in court documents by his initials “T.H.”T.H. was initially arrested and charged as a juvenile, and U.S. Magistrate Judge Edwin Torres ruled in February that the 16-year-old could live with an uncle and be electronically monitored. But after the case was transferred to adult court, prosecutors wanted T.H. in custody.Minors are rarely prosecuted in federal court, and this case landed there because Kepner apparently died in international waters, outside any state’s jurisdiction.The judge ended Wednesday morning’s hearing without making a final decision, saying he wanted to speak with the U.S. Marshals Service about the logistics of detaining T.H. in central Florida, closer to his family, rather than South Florida, where the trial is taking place.It’s unknown when Torres will announce his decision. In the meantime, T.H. walked out of the courthouse after the hearing, rather than being immediately taken into custody.T.H. has pleaded not guilty to charges of first-degree murder and aggravated sexual abuse. His federal public defenders have declined to comment on the charges.T.H.’s stepsister, Anna Kepner, had been traveling on the Carnival Horizon ship in November with her family, including T.H. Before the ship was scheduled to return to Florida, her body was found concealed under a bed in a room she was sharing with T.H. and another teen, a criminal complaint said.The cause of Kepner’s Nov. 6 death was determined to be mechanical asphyxia, which is when an object or physical force stops someone from breathing.Assistant U.S. Attorney Alejandra Lopez argued Wednesday that the crimes T.H. is accused of are so serious that the court shouldn’t risk another violet attack. An autopsy determined that Kepner had been pinned down and violently raped, the prosecutors said. She also noted that it likely took 3-5 minutes for T.H. to strangle Kepner until she was dead.“I believe there is clear and convincing evidence that this defendant is a danger to the community,” Lopez said.The prosecutor also argued that T.H. was a much greater flight risk because he now faces a possible life sentence if convicted of the adult charges. As a juvenile, he would have been released at age 21, regardless of what counts he was found delinquent on.Evan Kuhl, with the Federal Public Defender’s office, told the judge that T.H. has abided by the conditions of his release for months without issue.The judge acknowledged that an adult facing these charges would almost certainly be detained until trial, but he still needed to consider the reality of T.H.’s age, despite the adult charges. While the judge said he agreed with the defense that T.H. was a low flight risk, he still hadn’t decided whether the teen posed a threat to the community if certain pre-trial restrictions remained in place.Kepner’s father, Christopher Kepner, previously released a statement, saying the family was placing “trust in the justice system to pursue the truth with care and integrity.”“The situation is deeply painful and complex for the entire family,” Kepner said.Anna Kepner was a high school cheerleader at Temple Christian School in Titusville, Florida, about 40 miles east of Orlando. At her memorial service in November, family members encouraged people to wear bright colors instead of the traditional black “in honor of Anna’s bright and beautiful soul.”
A federal judge on Wednesday allowed a teenager charged with sexually assaulting and killing his 18-year-old stepsister on a Carnival Cruise ship to remain free for now as the judge considers arguments following a hearing in Miami.
The suspect is referred to in court documents by his initials “T.H.”
T.H. was initially arrested and charged as a juvenile, and U.S. Magistrate Judge Edwin Torres ruled in February that the 16-year-old could live with an uncle and be electronically monitored. But after the case was transferred to adult court, prosecutors wanted T.H. in custody.
Minors are rarely prosecuted in federal court, and this case landed there because Kepner apparently died in international waters, outside any state’s jurisdiction.
The judge ended Wednesday morning’s hearing without making a final decision, saying he wanted to speak with the U.S. Marshals Service about the logistics of detaining T.H. in central Florida, closer to his family, rather than South Florida, where the trial is taking place.
It’s unknown when Torres will announce his decision. In the meantime, T.H. walked out of the courthouse after the hearing, rather than being immediately taken into custody.
T.H. has pleaded not guilty to charges of first-degree murder and aggravated sexual abuse. His federal public defenders have declined to comment on the charges.
T.H.’s stepsister, Anna Kepner, had been traveling on the Carnival Horizon ship in November with her family, including T.H. Before the ship was scheduled to return to Florida, her body was found concealed under a bed in a room she was sharing with T.H. and another teen, a criminal complaint said.
The cause of Kepner’s Nov. 6 death was determined to be mechanical asphyxia, which is when an object or physical force stops someone from breathing.
Assistant U.S. Attorney Alejandra Lopez argued Wednesday that the crimes T.H. is accused of are so serious that the court shouldn’t risk another violet attack. An autopsy determined that Kepner had been pinned down and violently raped, the prosecutors said. She also noted that it likely took 3-5 minutes for T.H. to strangle Kepner until she was dead.
“I believe there is clear and convincing evidence that this defendant is a danger to the community,” Lopez said.
The prosecutor also argued that T.H. was a much greater flight risk because he now faces a possible life sentence if convicted of the adult charges. As a juvenile, he would have been released at age 21, regardless of what counts he was found delinquent on.
Evan Kuhl, with the Federal Public Defender’s office, told the judge that T.H. has abided by the conditions of his release for months without issue.
The judge acknowledged that an adult facing these charges would almost certainly be detained until trial, but he still needed to consider the reality of T.H.’s age, despite the adult charges. While the judge said he agreed with the defense that T.H. was a low flight risk, he still hadn’t decided whether the teen posed a threat to the community if certain pre-trial restrictions remained in place.
Kepner’s father, Christopher Kepner, previously released a statement, saying the family was placing “trust in the justice system to pursue the truth with care and integrity.”
“The situation is deeply painful and complex for the entire family,” Kepner said.
Anna Kepner was a high school cheerleader at Temple Christian School in Titusville, Florida, about 40 miles east of Orlando. At her memorial service in November, family members encouraged people to wear bright colors instead of the traditional black “in honor of Anna’s bright and beautiful soul.”
