Hearing for Terry Smith Murder Suspect Postponed Until Oct. 23

Skylor Atilano is led into a court room at the Southwest Juvenile Detention Center on Tuesday.

A juvenile detention hearing for the 16-year-old accused of murdering his 11-year-old half brother, Terry Smith Jr., in Menifee was postponed until Oct. 23 in a hearing today.

Skylor Atilano, wearing a yellow jump suit and a much shorter haircut than the last time he appeared in court, sat silently as his defense attorney agreed to the prosecution's request for the delay.

Prosecutor Sean Crandell cited his office's recent receipt of "a large volume of discovery" as the reason for requesting the postponement. In granting the continuation of the case, Judge Patrick F. Magers stated that the "detention order will continue," meaning Atilano will remain in custody.

At the request of Atilano's defense attorney, the judge granted Atilano a visit with his mother, Shawna Smith, and will allow weekly phone calls with the mother.

Because of the postponement, there has been no ruling on a request by the Riverside County District Attorney's Office for a 707 fitness hearing. Under section 707 of the Welfare and Institutions Code, a juvenile accused of a serious felony may be subject to a fitness hearing, in which the juvenile court judge decides whether to send the juvenile to adult court.

On July 12, the DA's office announced its intention to file murder charges against Atilano, whose half brother was found buried in the family's back yard on July 10, three days after he was reported missing.