Milwaukee teen charged in death of Prince McCree, 5, will remain in adult court

A Milwaukee teenager charged in the death last year of 5-year-old Prince McCree will be tried as an adult.

An attorney for Erik Mendoza, 16, on Friday withdrew his May 10 request to have the case against his client waived into juvenile court.

"I don't have the horses to proceed" with the waiver process, Milwaukee lawyer Scott Anderson said during a hearing Friday.

Mendoza's case will be transferred from Milwaukee County Circuit Judge Laura Gramling Perez, who typically handles matters in Children's Court, to Judge Michelle A. Havas.

Here's what happened to Prince McCree

Prince was reported missing from his home in the 2400 block of North 54th Street in Milwaukee on Oct. 25. His body was found the next morning about a mile south, on the 5500 block of West Vliet Street.

Police and prosecutors say in court documents Mendoza played an active role in beating Prince to death with a barbell, a 70-pound concrete birdfeeder and a golf club.

Mendoza is charged with first-degree intentional homicide as a party to a crime, as well as other felonies, including physical abuse of a child, abusing a corpse and recklessly endangering safety.

Another man was charged in Prince McCree's death

David Pietura, 27, pleaded guilty in June to first-degree intentional homicide as a party to a crime in the case. He was given a life sentence .

Prosecutors say Pietura and Mendoza were living with Prince and his family at the time of the attack.

What is Wisconsin's law about juvenile defendants?

State law allows for children as young as 10 to be charged as adults for certain serious crimes, at least to start the case. Those crimes include first-degree intentional homicide, first-degree reckless homicide and attempted first-degree intentional homicide.

Lesser charges, such as attempted first-degree reckless homicide or attempted second-degree intentional homicide, start in juvenile court.

Wisconsin is one of only three states that require all 17-year-old criminal defendants to be charged as adults.

What's next for Erik Mendoza?

Perez ordered Mendoza to undergo a psychological evaluation after Anderson indicated he thought his client may lack the mental capacity to aid in his defense.

He is scheduled to return to court Oct. 3 after a report on the doctor's findings has been completed.

How many children have been homicide victims in Milwaukee?

There were 172 homicides reported in Milwaukee in 2023. Of them, 16 involved victims under 17 – three of whom were younger than 10, Milwaukee police records show.

So far in 2024, the city has seen 77 homicides through Thursday, 12 of which involved victims under 17. Of them, two were 9 years old or younger.

In 2022, a year that Milwaukee saw 215 total homicides, 23 children under 17 were victims, Milwaukee police data shows.

This article originally appeared on Milwaukee Journal Sentinel: Milwaukee teen charged in death of Prince McCree, 5, will remain in adult court