A federal judge on Wednesday allowed a teenager accused of sexually assaulting and killing his 18-year-old stepsister aboard a Carnival Cruise ship to remain free for now while arguments continue in a Miami court hearing.
Timothy Hudson, 16, was initially charged as a juvenile, and U.S. Magistrate Judge Edwin Torres previously ruled he could stay with an uncle under electronic monitoring. However, prosecutors later sought his detention after the case was moved to adult court.
Federal prosecutions involving minors are uncommon, but the case falls under federal jurisdiction because the alleged killing took place in international waters, outside any individual state’s authority.
Wednesday’s hearing ended without a final ruling, with the judge saying he wanted to consult the U.S. Marshals Service about the possibility of holding Hudson in central Florida, closer to his family, instead of South Florida, where the trial is set to take place.
It’s unknown when Torres will announce his decision. In the meantime, Hudson walked out of the courthouse after the hearing, rather than being immediately taken into custody.
Hudson has pleaded not guilty to charges of first-degree murder and aggravated sexual abuse. His federal public defenders have declined to comment on the charges.
Hudson’s stepsister, Anna Kepner, had been traveling on the Carnival Horizon ship in November with her family, including Hudson. Before the ship was scheduled to return to Florida, her body was found concealed under a bed in a room she was sharing with Hudson and another teen, a criminal complaint said.
The cause of Kepner’s Nov. 6 death was determined to be mechanical asphyxia, which is when an object or physical force stops someone from breathing.
Assistant U.S. Attorney Alejandra Lopez argued Wednesday that the crimes Hudson is accused of are so serious that the court shouldn’t risk another violent attack. An autopsy determined that Kepner had been pinned down and forcibly raped, the prosecutors said. She also noted that it likely took 3-5 minutes for Hudson to strangle Kepner until she was dead.
“I believe there is clear and convincing evidence that this defendant is a danger to the community,” Lopez said.
The prosecutor also argued that Hudson was a much greater flight risk because he now faces a possible life sentence if convicted of the adult charges. As a juvenile, he would have been released at age 21, regardless of what counts he was found delinquent on.
Evan Kuhl, with the Federal Public Defender’s office, told the judge that Hudson has abided by the conditions of his release for months without issue.
The judge acknowledged that an adult facing these charges would almost certainly be detained until trial, but he still needed to consider the reality of Hudson’s age, despite the adult charges. While the judge said he agreed with the defense that Hudson was a low flight risk, he still hadn’t decided whether the teen posed a threat to the community if certain pre-trial restrictions remained in place.
Kepner’s father, Christopher Kepner, previously released a statement, saying the family was placing “trust in the justice system to pursue the truth with care and integrity.”
“The situation is deeply painful and complex for the entire family,” Kepner said.
Anna Kepner was a high school cheerleader at Temple Christian School in Titusville, Florida, about 40 miles (65 kilometers) east of Orlando. At her memorial service in November, family members encouraged people to wear bright colors instead of the traditional black “in honor of Anna’s bright and beautiful soul.”
