Third Circuit State Attorney Jeff Siegmeister has decided he will file juvenile charges instead of adult charges against two Columbia County sisters in their 16-year-old brother's death last week.
Siegmeister told the Times-Union he will file second-degree murder charges against 15-year-old Misty Renee "Ariel" Kornegay and her 11-year-old sister when he returns to his office Thursday after being sick at the beginning of this week.
Ariel Kornegay is accused of shooting 16-year-old Damien Kornegay in the neck as he slept on the living-room floor of their rural Northwest Columbia County home Jan. 5.
She had been molested by Kevin Kornegay, her uncle, when she was 11. Kevin Kornegay has been sentenced to life in prison on several child-sex charges relating to the abuse.
Other Sheriff's Office reports indicate Kevin Kornegay made the brother and older sister have sex. Seven months after Kevin Kornegay was arrested, the girls' mother caught the brother and sister having sex.
Parents Keith and Misty S. Kornegay have both been arrested on child-neglect charges as they were three hours away at the time of the shooting, according to deputies.
Siegmeister said there could be more serious charges brought against the parents, but that will require the cooperation of the two sisters.
He said his office doesn't interview suspects, but he has reviewed all investigative material in the cases.
The Times-Union isn't identifying the 11-year-old because of her age and lesser role in the shooting. She told investigators she let her sister out of her locked bedroom before their brother was killed. The two girls' stories indicate Ariel was the one who shot Damien once in the neck, according to Sheriff's Office records.
Authorities said it was a common practice for their mother to travel with their father when he hit the road for his long-haul trucking job.
Ariel was routinely locked inside her room as punishment for misbehaving at home, the Sheriff's Office reports said. She said her brother had beaten her earlier that day and locked her in the room per her mother's instructions. Her sister unlocked the door after Ariel called to her when the brother fell asleep, the girls told investigators.
The 15-year-old cut out the screen to her parents bedroom, found their 9mm handgun, then told her sister to take their 3-year-old sister into a closet, the Sheriff's Office said. Ariel then shot her brother.
Siegmeister said while he thinks there's evidence the sisters committed first-degree murder, the punishment in juvenile proceedings would be the same and to file a first-degree murder charge would require him to convene a grand jury.
He said juveniles convicted of serious crimes can be committed to a Department of Juvenile Justice facility up until their 21st birthday.
"I'm certainly factoring in their situation as far as the decision to file as an adult or as a juvenile," Siegmeister said.
Third Circuit Public Defender Blair Payne said his office is representing the 15-year-old, the office of regional conflict counsel is representing the 11-year-old, one of the parents had a private attorney appointed by the state and the other is still without an attorney, he said.
Both girls are being housed in juvenile detention facilities.
Payne said his office will work to make the remainder of court proceedings confidential, but he will attempt to find the girls help through the Department of Children and Families or Department of Juvenile Justice.
"That's one thing we are looking at right now," he said. "If we can't find anything that is suitable in the court system we will look outside the traditional venues and see if we can get a judge to order that."
Derek Gilliam: (904) 359-4619
