The court would then be required to initiate civil commitment proceedings, Candelaria wrote. If the boy is found incompetent because of his age, he wouldn't fit the definition of a mentally disordered person and no treatment would be available.
"Such a result denies the victims and public of any sense of justice for these heinous murders," Candelaria wrote. "It also denies the juvenile the rehabilitative services that he apparently needs to both deal with why he was capable of committing these murders and to assist him with the grief and remorse that he is probably feeling."
Police in St. Johns found Romero and Romans shot to death after the boy ran to a neighbor's house on Nov. 5. The boy was questioned after Romans' wife raised suspicions about him the next day, and in a videotape released by prosecutors, he admits pulling the trigger. Both men were shot several times with a .22-caliber rifle.
Romans worked with Romero and rented a room in his home.
Police reports say the boy told a state Child Protective Services worker that his 1,000th spanking would be his last.
The boy is being held in a county juvenile facility, although he was allowed to spend Thanksgiving with his mother.
Brewer said the boy is back in custody. The next court hearing is set for Dec. 8.
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