Sidwell was charged with a murder which occurred when he was 14. The state juvenile court declined jurisdiction, which permitted the state to prosecute Sidwell as an adult. Sidwell plead guilty, but challenged the decision to decline jurisdiction.

One reason the juvenile court gave for declining jurisdiction was that the state juvenile detention facility did not have any program for treating FAS and FAE. 1997 WL 1340003 at *3. Sidwell objected that this was an impermissible ground for waiving jurisdiction, asserting that it violated the Americans With Disabilities Act. The appellate court rejected this argument because Sidwell had provided no supporting legal authority. 1997 WL 1340003 at *3 n. 9.

Sidwell had been evaluated two years before the murder by Dr. Robin LaDue, a clinical psychologist. Both attorneys interviewed Dr. LaDue, and the transcript of the interview was put in evidence. LaDue had diagnosed Sidwell with FAS. LaDue concluded that Sidwell was "at a high risk to reoffend, particularly without a high[ly] structured situation." On the other hand, she believed that Sidwell "would not survive if he was put in the adult [prison] situation given his poor social skills and impulsive behavior and not understanding the consequences of his behavior." 1997 WL 1340003 at *1.

This appears to represent the failure of the criminal justice system to find an appropriate method of dealing with an individual with FAS. Sidwell had been diagnosed with FAS at the age of 12. By the time of the killing he had six prior misdemeanor convictions and two felony convictions, including four assaults and one robbery. The killing appears to have been an impulsive reaction to a fistfight before a dance.