Judge denies mother's request to have Giacona come home with her

UTICA, N.Y. (WKTV) - Despite a mother's plea, the 14 year old Vernon teen accused of shooting his father in the head while he slept last year will not be allowed to go home with her, and will return to a juvenile detention facility.

Today was the initial transfer of the case of Joseph Giacona III from Oneida County Court to Oneida County Family Court. Giacona III will face less strict sentencing in the family court system, than he would in Oneida County Court.

Giacona III pleaded guilty to manslaughter Friday, and in doing so, he had his case transferred over to family court, where the most he could be face, is to be held in a juvenile facility until the age of 21.

Cameras were not allowed inside Family Court on Monday.

It was revealed in County Court on Friday that Giacona's father had verbally and physically abused him for years, leading up the day he was shot and killed in January 2008.

Giacona's mother appeared in family court on Monday, where she asked that the boy be allowed to go home with her, rather than to a detention center. The judge denied this request, saying there's a risk the young boy may not show back up in court.

Monday was an initial appearance in family court. The court proceeding for the actual determination of how much time he'll spend in a juvenile facility is set for September 4.

A disposition, the equivalent of a sentencing, is set for September 4.

Giacona was remanded into custody Monday; he will be held at the Albany Secure Detention Facility.

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