Judge holding a gavel
Prosecutors seek to try Monte Smith, 17, as an adult over the Spirit Halloween shooting that killed a pregnant mother and injured six KATRIN BOLOVTSOVA/Pexels

A 17-year-old male identified as Monte Smith has been charged with two counts of murder, three counts of attempted murder, and three counts of assault with a semi-automatic weapon following a shooting at a Spirit Halloween store in Fairfield, California, on 30 October.

The Solano County District Attorney's Office announced the formal charges on Tuesday against the under-age suspect, who remains held in custody without bond. The evening gunfire killed 31-year-old Constance Hages, who was 13 weeks pregnant, and wounded six other people inside the store.

Local authorities revealed Smith has a prior conviction for a separate violent shooting incident from the previous year. His history has prompted criticism of California's juvenile justice system from Fairfield Police Chief Dan Marshall.

A Prior Shooting Conviction and Release

The Solano County District Attorney's Office publicly identified Smith on 3 November, following his arrest and the filing of charges. Smith, of Suisun City, was arrested on 2 November in connection with the 30 October shooting at the Solano Town Center mall in Fairfield, California.

Authorities said Smith had also previously fired a gun into a vehicle occupied by other teenagers in the parking lot of Fairfield High School in 2025. He spent several months in juvenile detention then before being released and was reportedly on probation when the latest shooting occurred.

Prosecutors have also alleged that his previous violent-offence conviction qualifies as a strike under California law. 'It's time for change in California,' Fairfield Police Chief Dan Marshall said. 'I don't know how many more people have to die at the hands of youth. Hopefully we've had plenty enough.'

The Attack and the Charges

Prosecutors said Smith entered the Spirit Halloween store on the evening of 30 October and opened fire on a crowd of shoppers, killing 31-year-old Constance Hages, who was 13 weeks pregnant, and wounding six other people.

The six other victims were male and ranged in age from 16 to 43. Four remained hospitalised following the shooting, including a 19-year-old who was in critical condition, while two others were treated and released.

He currently faces two counts of murder, three counts of attempted murder and three counts of assault with a semiautomatic weapon, along with multiple firearm enhancements. The second murder charge relates to the death of Hages' unborn child.

Chief Deputy District Attorney Bruce Flynn described the attack in court as 'like a terrorist act in the mall'. Hages was a mother of four, according to her family.

Legal Proceedings and Adult Prosecution

The teen appeared in Juvenile Court following his arrest and is currently being held in custody without bond. The Solano County District Attorney's Office has filed a petition seeking to transfer Smith's case from juvenile court to adult criminal court.

Under California law, prosecutors cannot directly charge minors as adults. Instead, they must petition a juvenile court judge to transfer an eligible case to an adult criminal court. Under Welfare and Institutions Code Section 707, a judge can approve the transfer of a 16- or 17-year-old only after finding, by clear and convincing evidence, that the minor is not amenable to rehabilitation within the juvenile justice system.

Judge Jeffrey Kauffman has since ordered Smith to be held in juvenile hall pending further proceedings. Investigators currently believe the shooting stemmed from a targeted incident involving someone with whom Smith had a previous disagreement.