Judge to decide if teen to be tried as adult in fatal Redwood City street race case

In this particular case, Cesar Morales, of Redwood City, could be tried as an adult and it could mean the difference between one to seven years in juvenile hall or a maximum sentence of 15 years to life in prison, according to the DA’s Office.

“It has to be serious crimes. You can’t move somebody to adult court for something like identity theft or theft. But even then, we use that process very sparingly over the years,” Wagstaffe said. “It’s been very rare that we have moved up [a case] in recent years. It’s only when the charges are murder.”

During the hearing, Wagstaffe said both sides will have an opportunity to present their thoughts on why it should or shouldn’t be transferred to adult court and the decision is ultimately up to the judge, which is Susan Etezadi. Judge Etezadi declined to comment.

Morales, now 18, and Kyle Harrison, 23, are accused of going more than three times the speed limit while racing on El Camino Real starting at Howard Avenue in San Carlos into Redwood City, Nov. 4, 2022. Morales was 17 at the time of the crime and allegedly T-boned a car at the intersection of El Camino Real and Finger Avenue in Redwood City while racing Harrison, resulting in the deaths of Greg Ammen, 44, and Grace Spiridon, 42. Their daughters, who are twins, 7, survived the crash, according to the DA’s Office.

Morales was driving a Mercedes, while Harrison was driving a BMW. The DA’s Office said it had not found any preliminary evidence of drugs or alcohol use from the pair.

The reason Morales and Harrison are being charged with second-degree murder opposed to vehicular manslaughter, Wagstaffe previously said, is because the racing aspect is reckless and those types of actions show a disregard for life. Both Morales and Harrison are in custody on no-bail status.

Wagstaffe said there is a statutory list of factors that goes into asking a judge to consider having a case transferred to adult court. The DA looks at the social background of the person being considered, whether they’ve had a previous criminal record, their mental state during the crime, the conduct of the crime and community impact, meaning the difference in killing one person to multiple people, Wagstaffe said.

“We look at all aspects of the juvenile. We look at the act that occurred and we look at the impact it had on the community,” Wagstaffe said. “Another big factor is whether or not the juvenile is amenable to programming in the juvenile hall, and that’s what the probation department does in every one of these cases, and whether they believe that this juvenile can be treated.”

DAs must also consider the appropriate consequence for a crime because the longest a person in juvenile court can be sentenced is four to seven years for murder, Wagstaffe added.

Wagstaffe said citizen groups requested DAs around the state adopt a policy that would state they would never consider transferring juveniles to adult court under any circumstances.

“I have declined to do that,” Wagstaffe said, noting 56 of 58 DAs across the state have also declined to adopt such a policy. “We have to look at each case on its own and that’s my position on it.”

Morales is charged with second degree murder, and his next appearance will take place on Oct. 9. Morales’ attorney, George Eshoo, was not available for comment.