Updated

Updated · NBC Philadelphia · Jul 2

Colorado Arrest Nets 1 Teen in William Schmidt Murder as 2nd 16-Year-Old Remains Sought

Updated

Updated · NBC Philadelphia · Jul 2

Colorado Arrest Nets 1 Teen in William Schmidt Murder as 2nd 16-Year-Old Remains Sought

Q: How did a teenage murder suspect flee 1,700 miles, and who else helped him hide from the law?

Investigators say Azzubair Outen-Fleming fled roughly 1,700 miles from Philadelphia to Colorado Springs after the June 6 killing, leaving the city around June 11 and ultimately hiding at a distant relative’s home. Authorities have not publicly detailed the exact route or mode of travel, but court allegations say he was assisted in getting out of the jurisdiction. The person publicly identified as helping him flee was his stepfather, 35-year-old Donte Abdulmalik. Prosecutors say Abdulmalik helped transport or otherwise assist Outen-Fleming in leaving the Philadelphia area. Abdulmalik was arrested and charged with hindering apprehension, obstruction of justice and tampering with evidence. Outen-Fleming was found July 1 in Colorado Springs by the U.S. Marshals’ Colorado Violent Offender Task Force. Officials said he initially tried to deny his identity when arrested. He is being held at the Zebulon Pike Youth Center pending extradition to Philadelphia. Another person who may face scrutiny is the distant relative in Colorado Springs where Outen-Fleming was found. Authorities have not announced charges against that relative, but under Colorado law, anyone who knowingly harbors a fugitive in a murder case could potentially face accessory-related charges. Outen-Fleming and Kaiseem Smith, both 16, are wanted in the fatal shooting of Penn State student William “Billy” Schmidt during what police believe was a robbery. Smith remains at large.

Q: Will a 16-year-old suspect charged with murder face justice as a child or as an adult?

He is likely to face justice as an adult, not in juvenile court. In Pennsylvania, homicide charges against juveniles age 15 or older can be filed directly in adult criminal court. That is why authorities have said both 16-year-old suspects in Billy Schmidt’s killing are expected to be charged as adults with murder, robbery, conspiracy, gun offenses and related crimes. That does not mean they are treated exactly like adults in every respect. While awaiting extradition and court proceedings, a juvenile defendant is generally housed in a youth facility rather than an adult jail, which is why Azzubair Outen-Fleming is being held at the Zebulon Pike Youth Center in Colorado. There is still a narrow path for the defense to ask that the case be moved back to juvenile court through what is known in Pennsylvania as a decertification motion. A judge would weigh factors such as the defendant’s age, background, prior record, and amenability to rehabilitation. But in a fatal shooting tied to an alleged robbery, especially with a murder charge, such cases commonly remain in the adult system. If convicted, sentencing would still be shaped by constitutional limits on punishing juveniles. Because the suspects are 16, they cannot face the death penalty, and courts must take youth into account before imposing the harshest penalties. So the likely answer is adult prosecution, with some juvenile-specific protections still applying.

3 articles · Updated · NBC Philadelphia · Jul 2

Azzubair Outen-Fleming, 16, was arrested July 1 at a relative's home in Colorado Springs and is being held for extradition to Philadelphia in the June 6 killing of Penn State student William Schmidt.
Philadelphia prosecutors said Outen-Fleming and Kaiseem Smith, also 16, will be charged as adults with murder, robbery and conspiracy; Smith remains wanted and police say he should be considered armed and dangerous.
Donte Abdulmalik, Outen-Fleming's stepfather, was also arrested after investigators said he helped move the teen out of Philadelphia, prompting charges including hindering apprehension and obstruction.
Schmidt, 22, was shot near 20th and Durfor streets after an apparent phone robbery; porch video captured him saying, "Give me back my phone" moments before the gunshot.