AUGUSTA – A judge continued a probable cause detention hearing and ordered a psychological-type examination Thursday for a Fayette boy accused of murdering his teenage neighbor.
Patrick Armstrong, 14, who is charged with the Nov. 26 murder of Marlee Johnston, 14, of Fayette, will remain in state custody at a juvenile detention center in Charleston until his attorney and state prosecutors agree to hold a detention hearing.
The details of Johnston’s death remain sealed until the probable cause hearing.
Armstrong, wearing a white button-down dress shirt with his hair neatly combed, arrived in juvenile court in handcuffs that Judge Charles LaVerdiere ordered removed once court was in session. LaVerdiere apologized to Armstrong for not ordering them removed prior to court starting.
Armstrong’s parents, Kenneth and Betty Jean Armstrong sat behind their son in the courtroom.
Armstrong’s attorney, Walter McKee asked LaVerdiere to continue the hearing because he has received a great deal of new information in the case pertaining to the investigation and his client’s background in the last 24 to 48 hours and needs time to review it.
Assistant Attorney General Andrew Benson said he had no problem with the continuance.
LaVerdiere said he had no problem with continuing the hearing as long as the attorneys give him some leeway if they choose a hearing date other than a Thursday, when LaVerdiere handles the juvenile cases in Augusta.
LaVerdiere also ordered Armstrong to undergo a diagnostic evaluation that the state requested to help them determine whether to seek a bind-over hearing to try Armstrong as an adult.
McKee agreed to the state’s request with two restrictions that the psychological type exam not be released to the state until the whole report is released in court and that he be notified when Armstrong is brought down for the evaluation.
McKee reiterated after the hearing that he plans to ask the court to release Armstrong into his parents custody, who McKee said are very supportive.
Assistant Attorney General Andrew Benson had said on Wednesday that he plans to ask the court to keep Armstrong detained until after the case is resolved.
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