2 indicted on 1st-degree murder for shooting death of Cape Coral teen

Two teens have been indicted on first-degree murder charges for the shooting death of a Cape Coral teen.

The charges are against Thomas Stein and Christopher Horne, both 16-year-olds, for the murder of 15-year-old Kayla Rincon-Miller on March 17, 2024.

• RELATED: Thomas Stein appears in court in Kayla Rincon-Miller murder case; waives right to speedy trial

Both were indicted on three counts of attempted robbery and possessing a firearm.

Rincon-Miller was walking home from a night out at the movies with friends. The boys rolled up on the young woman and killed her during an attempted robbery.

Indictments against Stein and Horne read that the defendant unlawfully, with a premeditated design killed and murdered the victim by shooting her with a firearm.

“who actually pulled the trigger is key to knowing who is going to be the one most culpable,” said Pamella Seay, a law professor at Florida Gulf Coast University. “On the other hand, if both of them were involved, it probably won’t matter which one because if you’re both involved in the crime, you both can be convicted of it.”

Both suspects were taken out of juvenile court to be tried as adults and face adult sanctions for first-degree murder cases.

• RELATED: Remembering Kayla Rincon-Miller: Investigation continues one month after her death

The state attorney’s office will seek maximum sentencing for these crimes regardless of the defendant’s age.

“No matter what the age of the defendant, if by law they can be charged and punished in adult court and we can prove it, we will charge them in adult court. We will indict them. We will seek maximum sentence on them no matter what their age,” said State Attorney Amira Fox.

When we asked the the State Attorneys office to clarify what maximum sentencing meant, they said it would be life in prison without parole.

Based on the charges, some may ask: Why not the death penalty?

Seay told WINK News capital punishment is not an option.

“Even though this is a capital offense for a person under the age of 18, death penalty is not available, so that’s not something that is even on the table,” said Seay. “The Supreme Court has decided and shown that children under the age of 18, those under the age of 18, have not achieved a level of maturity that allows them to understand the severity of their actions. “

The case remains an active investigation.

The identity of the shooter is still not confirmed.