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Judge Decides Macyo January Will Be Tried As Adult


Macyo January is 18. He is accused of killing Fort Carson SSG David Dunlap and his pregnant wife Whitney Butler. January was 17 at the time the crime was committed.

The judge ruled Wednesday afternoon that there is probable cause for January to go to trial on the charges. Thursday afternoon a judge decided January should not be tried in juvenile court, as the teen's lawyers had requested, but will remain in adult court.

If January is convicted, he will not face the death penalty because of his age at the time of the alleged crime. He could have life in prison with the possibility of parole after 40 years. However, if he is sentenced to serve consecutively, January could face 40 years for each murder with the possibility of parole after 80 years.

A witness in January's preliminary hearing earlier this week who identified January in a lineup testified he saw him in the home. The witness said he approached January outside the home, but the teen took off.

Witnesses also said the gun that was used to kill Dunlap and Butler had January's DNA on it.

Macyo's DNA was also allegedly on a box of ammo that was inside a car he's accused of trying to steal. Belongings from Dunlap and Butler's home were also reportedly found in the car.

January is being held without bond.

On Tuesday, 11 News talked with Butler’s father, Kevin Butler, who sat with his family behind the prosecutors not far from the teen suspected of killing his daughter and son-in-law.

"Their first anniversary was this past Sunday and of course our granddaughter would've been born a couple of months ago, so yah, it's still very hard on the family, but this is the process of closure as we go through this," Butler said.

In the first day of the proceedings, prosecutors presented a lot of evidence, including pictures of the victims' home and bodies.

Their family and friends were taken out of the room so they did not have to see the graphic photos.

"Well, today we got a lot more information than we had received before...the district attorney's office and police have been very good about letting us know what's going on and the process," Butler said.

It was revealed that Dunlap and Butler were shot one time each, and were found just inches from each other. According to detectives who testified, two of the guns found at the crime scene were stolen from homes less than a half mile away.

"We're very grateful that the process of justice has started; we'll continue the process for a good long while but it's nice to have it started," Butler said.

Earlier in September, Jerel Couch, the 19-year-old who helped hide January, was sentenced to three years in the department of corrections youthful offender system.


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