Teen To Be Tried As Adult In Beating Case
Fitch High incident caught on videotape
Published on 11/3/2005
Editor's note: The Day has a policy of not publishing the names of young people involved in juvenile criminal cases, which by law are not open to the public. The following news story concerns a 14- year-old whose assault case was moved from juvenile court to New London Superior Court after a judge determined the seriousness of the alleged crime warrants that he be tried as an adult. In light of the judge's ruling and the public identification of the teenager and his alleged crime,The Day is covering the story and is identifying the accused.
A 14-year-old teenager will be tried as an adult for allegedly assaulting a fellow Robert E. Fitch Senior High School student while a friend of the assailant videotaped the attack.
Allen Nielsen of 191 Quaker Farm Road, Mystic, has been charged with second-degree assault in the September attack on Groton school grounds.
Nielsen's case was transferred Wednesday from juvenile court to New London Superior Court to determine if the case should be heard in the adult courthouse. Before the judge made a decision, the courtroom was cleared of all adults who were not involved in Nielsen's case. But no sooner than the court was cleared the public was allowed back in as both the state and the court decided to accept the case and try him as an adult.
The victim was punched and kicked, causing numerous injuries including fractured bones in his face. Nielsen entered a not guilty plea and his case was continued to Nov. 23.
Nielsen, who faces five years in prison on the assault charge, may face more charges as Assistant State's Attorney Paul Narducci said the prosecution is considering whether it will tack on a charge of conspiracy to commit second-degree assault, a penalty that carries an additional five years in prison.
Judge Susan Handy placed him under house arrest, where he will wear an electronic monitoring device. He is only allowed to leave the house to go to tutoring, counseling and family and religious events. Handy said that if Nielsen did not obey the court's rules, he would be sent to jail.
The juvenile court had released Nielsen on a promise to appear in court. Handy said that if he were an adult, Nielsen would easily face a bond in the range of $250,000 to $500,000.
Handy said the state has a strong case and evidence, including the videotape that was made by another juvenile who allegedly planned the attack with Nielsen. Handy said it was not a matter of whether Nielsen will serve time but how long he will spend in jail.
?The video is absolutely outrageous,? said Handy. ?This was a planned conspiracy to attack the innocent victim and it's all on tape. This defendant is actually the one that perpetuated the assault.?
The case of the juvenile who videotaped the attack will be transferred from the juvenile court to the Superior Court for the court to determine whether that juvenile also should be tried as an adult.