Officer Beating Suspect Likely to Stay in Adult Court

By Dave Franzman, Reporter

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By Dave Franzman

Story Created: May 5, 2009 at 12:59 PM CST

Story Updated: May 5, 2009 at 4:37 PM CST

CEDAR RAPIDS- Attorneys representing Jose Rockiett, 17, made a lengthy pitch to move the teenager's willful injury trial back to juvenile court. But while the judge made no formal decision on that request Tuesday, he strongly hinted that won't happen.

Rockiett is scheduled to stand trial for the serious beating of Cedar Rapids police officer Tim Davis on July 27th. He faces a charge of willful injury causing serious injury in connection with the beating and first degree robbery for an earlier incident. Conviction of the most serious charges could bring a mandated lengthy prison term with the judge having no discretion to reduce the sentence.

D.J. Arbabha, Rockiett's attorney, called the defendant's mother to speak in an effort to get the case moved back to juvenile court. Joezetta Fowler told the judge her son suffered abuse in his younger years and is prone to depression and anger problems. He was not taking prescribed medication for anger control at the time the officer was assaulted.

Fowler told the judge her son could still emerge as a useful citizen if given more time in the juvenile court system. Fowler said "Jose is a kid...inside and out...and easily misled. Jose is not mentally stable enough for regular jail."

But prosecutors argued that Rockiett's juvenile record gives them great concern of any hope for rehabilitation. His juvenile record showed some progress...but was riddled with occasions when authorities noted he violently acted out and in one case physically assaulted a counselor.

Rockiett was released from juvenile custody in September of 2008 and juvenile authorities had no further contact with him prior to the incident involving officer Davis.

Judge Robert Sosalla noted that Rockiett was under supervision for 16 months in the juvenile system and doubted another possible 18-month time in juvenile custody would make much difference.

Sosalla promised to study defense medical and other records, but told the defendant's attorney it was "highly unlikely the motion will be granted."

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