Watch CBS News

12- and 14-year-old held for fatal fire that killed mother and daughter in Lakewood

12- and 14-year-old held for fire that killed mom and girl
12- and 14-year-old held for fire that killed mom and girl 02:44

A magistrate judge Monday ordered two boys, 12, and 14, held for the deaths of a mother and 10-year-old girl in a fire early on Halloween morning.

Jefferson County Magistrate Bryce D. Allen set court dates for the pair on Nov. 10. The District Attorney's Office said it is talking about whether to charge the boys as adults and hopes to decide by the end of the week. They were arrested on warrants alleging first-degree murder and arson.

The fire raged in the Tiffany Square Apartments, at 935 Sheridan Boulevard.

In a juvenile court hearing, it emerged that the boys had been staying in an apartment two doors down from the apartment where Katy Payton and Jazmine Payton Aguayo were living. Investigators believe the boys were thrown out of the apartment, later came back and lit the fire.

The boy's names are being withheld because of their ages. The 12-year-old had a prior arrest in Denver for felony menacing and assault and a warrant for failure to appear. The 14-year-old had no prior record, but the woman who was raising him said he had run away in August.

The teen reportedly admitted to investigators that he had used methamphetamine and fentanyl, had a gun and was reportedly involved with a gang.

The woman he called "mom" had indicated she tried to get help, but could not.

The arrests brought up a discussion about juvenile crime.

"They're getting younger and younger," said Alex Castro-Croy, a trauma and addiction counselor, and former juvenile probation officer.

Statistics show about a 50% increase in the number of juveniles in lockups for severe or multiple crimes.

Castro-Croy said there are fewer resources for dealing with young people and their problems, especially young teenagers and children.

"Agencies or companies are not taking Medicaid," he said. "There's a very limited amount of resources available that are culturally and linguistically appropriate for kids."

There are currently none in the metro area for younger offenders. Many agencies do not accept young people under 14 or 16.

Castro-Croy says there are a lot of things to look at.

"What is the social environment? What was the home environment? What was the lived experience that they had in school? What support systems did they have?" he asked. Turning to drugs is common.

"Because they don't have that ability to regulate themselves within the systems that they're in, they have to use external factors such as substances  to bring themselves down and regulate." He said. The pandemic caused additional problems he noted. "Because of the pandemic. Because of environmental, constant changes in the community, in family."

Not one to excuse crime, he believes with external pressures and few answers, the problem has worsened.

"Do we have the resources? Do we have the infrastructure? Do we have the services available to them?" he asked. Unfortunately, we don't."

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.