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Boys arrested in Lakewood fatal arson won't be charged as adults

Kathleen Payton, 31, and her 10-year-old daughter Jazmine Payton-Aguayo died in the Oct. 31 fire at the Tiffany Square Apartments in Lakewood.

LAKEWOOD, Colo. — The cases against 12- and 14-year-old boys who are charged in connection with a fire that killed a mother and daughter will remain in juvenile court, the 1st Judicial District Attorney's Office said on Friday.

The boys were taken into custody Nov. 6 on suspicion of first-degree murder and first-degree arson in the deaths of Kathleen Payton, 31, and her 10-year-old daughter, Jazmine Payton-Aguayo.

They died in an Oct. 31 fire at the Tiffany Square apartments, at 935 Sheridan Blvd. In all, 10 people were injured in the fire. Seven people, including a firefighter, were treated and released.

At least 14 units were damaged by the fire, and the residents of all 32 units were displaced.

The boys are charged with the following:

  • 2 counts first-degree murder – extreme indifference
  • 39 counts attempted first-degree murder – extreme indifference
  • 15 counts first-degree arson
  • 1 count felony criminal mischief
  • 1 count misdemeanor criminal mischief
  • 42 aggravated juvenile offender sentence enhancers

Each count, including sentence enhancers, is connected to individual victims, the DA's Office said. One of the suspects has a hearing preliminary hearing next week. The other is next due in court in early January.

Their names are not being released due to their ages and the fact that the cases will be tried in juvenile court.

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