OROVILLE — One day before the first anniversary of an elderly man's death from a beating during a home-invasion robbery, an Oroville teen accused of the slaying learned he will be tried as an adult.

Jesaden Lor, 17, had been under the jurisdiction of the juvenile court since his arrest late last February on charges of home invasion, first-degree robbery and murder.

At a juvenile hearing Wednesday morning, Commissioner Leonard Goldkind ruled Lor is unfit for trial as a juvenile, paving the way for the teen's prosecution as an adult.

Lor is one of six boys, then ages 14 to 16, arrested last year for a home-invasion robbery on Brookdale Court where the assailants beat homeowner Frank Battaglia, 73, with a baseball bat.

Six days after the beating, Feb. 24, 2010, Battaglia died from severe head injuries.

Four of the original defendants were prosecuted as juveniles and are serving sentences at state juvenile corrections and rehabilitation facilities.

Lor and one other defendant, who has not been named yet, were present in court Wednesday at a hearing where Minh Nguyen of the state Department of Corrections and Rehabilitation, Division of Juvenile Justice, testified about programs available for young offenders.

Among other things, he said one of the state's goals is to rehabilitate youthful offenders. The state also offers programs including education and mental health services, and has improved conditions in its facilities.

Deputy district attorney
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Mike Sanderson got confirmation there is a possibility the programs may be subject to state budget cuts, and that convicted youth could end up back in the county's jurisdiction.

After Nguyen testified, Goldkind excused one of the two defendants, who is being prosecuted separately at this time. That 16-year-old is scheduled to return to court March 2 for a fitness hearing.

Defense attorney David R. Nelson then argued Lor should be tried as a juvenile.

Nelson said his client had already been involved in rehabilitative programs, and emphasized the overall goal of the state's juvenile justice system is rehabilitating youths "to make them productive members of society. "

"We believe that through DJJ, he has every reason and opportunity to be a (productive) citizen," Nelson said.

Sanderson argued the state program is "on its deathbed" and that it's not known what programs the boy would actually get.

Following discussion about Lor's previous criminal record, Goldkind pronounced Lor unfit to be tried as a juvenile.

"This crime was not impulsive, but was a planned robbery on an elderly individual" that resulted in the man's death, Goldkind said.

He also said the minor has been involved with juvenile court since he was 13 years old, and that Lor's crimes had become more serious and more dangerous.

"Rehabilitation has obviously not been met at all," said Goldkind. "I cannot imagine a greater crime than attacking an older citizen, and leaving that man dying."

Sanderson said later the District Attorney's Office is writing up a formal complaint against Lor for Superior Court.

He said Lor will probably be charged with felony first-degree murder, with a special allegation of commission of a home-invasion robbery.

Lor could face a possible sentence of life without possibility of parole. Sanderson said Lor is not eligible for the death penalty because of his age.

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