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Judge who is using his discretion when he is going to stick with the constitution and when he is not. certainly nobody is saying a deferred sentence under these circumstances isn't an inappropriate sentence. these kids were friends. as they said at the sentencing hearing, no reason to destroy two lives. but instead of giving him some other options but conditions of the sentence are those types of options to make sure he stays on the right path. substance abuse, finishing high school, getting his welding degree. there are things built in to ensure he stays on the right track. >> gregg: i wonder...

>> [ bleep ], i got the weed. i started stealing off of him. then he reaches over the seat and pulls out a gun, and he had it aimed at my chest, but i moved and it hit me in the arm. >> it's not an armed robbery that has devon starkey here this time, though. this 18-year-old, an adult in the eyes of the law, is back here in juvenile detention to see a judge for failing to appear at his last court hearing when he was still a kid. he's walking a fine line. the judge could simply dismiss him on monday from the juvenile system or she could take the extreme measure of waiving him to adult court. >>...