16 year old Erin Caffey made her first appearance before a Rains County Judge Monday.
Caffey and three co-defendants are all accused of killing her mother Penny Caffey and her brothers Matthew and Tyler Caffey, before setting the family's house on fire in Emory. Erin Caffey's father Terry was shot several times in the attack, but survived. Ironically, he was one of those in court asking for Erin to be allowed to come back home.
Before the judge issued a gag order, defense attorneys confirmed that Terry Caffey testified on his daughter's behalf, asking that she be allowed to go home with him rather than staying in juvenile custody in Hunt County. Erin's grandmother also testified for her, but neither testimony would sway the judge, who ordered Erin to continue to be held another 15 business days.
Another issue is still pending in the case - whether she will be tried as an adult. KLTV caught up with both the prosecution and the defense after the hearing.
"She's facing a certification hearing. It's not ready to go yet. The psychologist must evaluate her and her probation officer must work on her family report on her," said William Howard McDowell, Erin's defense attorney.
"We have received the initial case from the Rains County Sheriff's Department, however the case is still under investigation there are additional things to be done," said Rains County Attorney Robert Vititow.
As for the other defendants, they were all indicted Monday morning by a Rains County Grand Jury. Bobbi Gale Johnson, Charles Waid, and Charlie Wilkinson were each indicted for capital murder for the deaths of Penny, Matthew, and Tyler Caffey.
One of them also faces a new charge. Wilkinson, Erin's boyfriend, was also indicted for attempted escape. According to the indictment he dug a hole in the wall of his cell at the Rains County Jail on March 25th.
Rains County has requested the assistance of the Attorney General's office. They are already there, and Lisa Tanner, who specializes in capital murder cases, is there to help. They will be there for the entirety of all four trials.