Adult sentence to be pursued for accused killer

Prosecutors say they plan to pursue an adult sentence against a Tucumcari teen accused of killing his mother and stepsister.

A 9 a.m. Dec. 7 preliminary hearing has been set for Tony Day, 14, charged in the deaths Monday of his mother, Sue Day, 67, and stepsister, 49-year-old Sherry Folts, at their home west of Tucumcari.

According to affidavits filed Wednesday by state police:

  • Day entered the room of his older brother, Scott, with blood on his clothes and told him that he had killed their sister, Sherry Folts, 49. He said they needed to kill the rest of the family.
  • Scott Day said Tony got a rifle and shot their mother, Sue Day, 67. Scott grabbed the rifle, struck him in the face with the butt of it and knocked out two of Tony's teeth.
  • Tony Day told police officers that after he stabbed Folts, he blacked out and didn't remember anything else.

Timothy Rose, 10th Judicial District chief deputy district attorney, filed a notice of intent to treat Day as a youthful offender and invoke an adult sentence.

If convicted of the two counts of first-degree murder he faces, Day could receive the maximum adult penalty of life in prison.

As a juvenile, the maximum consequence Day faces is detention in a state juvenile facility until age 21.

Day is charged with two open counts of murder. He remains in the juvenile section of the Quay County Detention Center.

Day was scheduled for a detention hearing Thursday to determine if he should remain in QCDC or be released to the care of family or a state agency. However his attorney, chief of the New Mexico Public Defender Capital Crimes Unit Jeffrey Buckels, waived the detention hearing.

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