A 16-year-old Menifee boy charged with murder in the death of his younger brother had a "history of violent outbursts," a judge said Monday, July 15, in juvenile court.
Skylor Atilano was arrested Wednesday after the remains of his 11-year-old half brother, Terry Dewayne Smith Jr., 11, were found buried in a shallow grave steps from their Helen Lane home.
The teen entered the courtroom Monday afternoon wearing a yellow juvenile hall jumpsuit and was met by a jury box full of journalists snapping photos of him. His mother and several high school friends were among those in the audience. Skylor showed little reaction and spoke quietly with his attorney during the brief hearing at the Southwest Justice Center in French Valley.
Judge Timothy Freer rescheduled Skylor's detention hearing for Sept. 17 and ordered him to remain in custody at juvenile hall in the interest of public safety. Freer cited the serious nature of the charge against the teen and mentioned that Terry had been left in his elder brother's care. Freer also said Skylor had a "history of violent outbursts" and that he had violated the terms of his probation.
The judge did not elaborate on the outbursts or explain what the teen had been on probation for.
John Hall, a spokesman for the Riverside County district attorney's office, said he could not discuss the prior incidents the judge mentioned in court.
Skylor did not deny or admit any of the allegations – the juvenile court equivalent of entering a plea – and no decision was made about whether Skylor may be tried as an adult.
The boys' mother, Shawna Smith, and her partner, Dennise Bugna, declined to comment before the hearing.
VIDEO: CRIME BLOTTER: Menifee teen charged with murder had 'history of violent outbursts'
Several people, some carrying handmade signs, were at the courthouse Monday to show their support for Skylor.
A group of his friends from Paloma Valley High School said they didn't believe Skylor was capable of murder or concealing his brother's remains from investigators.
"It takes a special kind of person to hide a body for four days," said Miguel Diaz, 15. "He's a good person and I just can't in good conscience make myself believe that he did this, or would even consider doing this."
"He's a happy kid," said Alexus Mapes, 16. "He's a really nice guy,"
Though the case, for now, is being handled in juvenile court, prosecutors are required by law to release Skylor's name and the proceedings are open to the public because of the nature of the charge against him.
If Skylor's case were to stay in juvenile court, a judge, not a jury, would decide the case. If the allegations against him were found true, he could remain in custody until age 23.
If found guilty in adult court of first-degree murder, Skylor would face 25 years to life in prison.
Terry was reported missing the morning of Sunday, July 7, and sheriff's officials said his older brother was the last person to see him alive, on Saturday night, July 6, while their mother was out.
Hundreds of volunteers rallied to help emergency workers find Terry — nicknamed "Juju" — and Skylor was involved in the search effort. On his Facebook page the day before Terry's remains were found, he thanked everyone for their efforts to find his little brother.
Sheriff's officials said remains presumed to be Terry's were found about 1 a.m. Wednesday by a search volunteer. Coroner's officials have yet to officially identify the body.
Terry's father, Terry Smith Sr., said by phone last week from his home in Charleston, West Virginia, that
it appeared the boy died from head injuries.
After the remains were discovered and Skylor was questioned by investigators, the teen claimed his little brother had fallen and hit his head on the coffee table, Smith said.
Follow Sarah Burge on Twitter @sarahkburge or online at blog.pe.com/crime-blotter
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