PIERCE COUNTY, Wash. -- Semaj Booker did not know right from wrong when he allegedly broke into an apartment over the Fourth of July weekend, a judge ruled on Friday.

Following the alleged break-in, Semaj was charged with residential burglary, malicious mischief and giving a false statement.

Before he could be tried on the charges, however, Judge Frank Cuthberson wanted to determine whether the boy understood right from wrong.

According to the law, minors between the ages of 8 and 11 years old are presumed incapable of committing crimes unless the presumption is rebutted by clear and convincing evidence.

On Friday the judge ruled that prosecution has not met its burden of proving by clear and convincing evidence that Semaj had the capacity to judge right from wrong on July 5, the night of the break-in. Consequently, his charges were dismissed.

A number of people have testified in the hearing, including, Dr. Michael Comte, on whom the defense called as an expert.

Comte, based on his evaluation of the defendant, told the court Semaj was "unable to form the requisite mental capacity to 'intend' to commit a crime," according to court documents. Comte said Semaj did cause damage to the property, but did so without the intent to commit a crime.

The psychologist argued Semaj was in a disassociative state as a result of insomnia and/or reaction to his ADHD medication, Adderall, which could cause amphetamine toxicity as a side effect. The mere fact that Semaj was awake at 4 a.m. on the morning of July 5 supports this, Comte said.

Comte also listed a number of adverse childhood traumas that may attribute to Semaj's cognition and impulse control, including fetal alcohol exposure in utero, predisposition to acute mental illness and repeated physical abuse and neglect. Court documents state Semaj was hospitalized at least once as a result of corporal punishment inflicted by his mother.

Semaj may have been "seeking refuge" in the apartment, Comte said.

The boy's former assistant principal, Tracy Ferguson, told the court Semaj had repeatedly gotten in trouble for writing on school property and for failing to comply with recess detention. She said the school psychologist diagnosed the boy with conduct disorder, but his mother refused services from school-based specialists.

Ferguson, along with family therapist Doug Vaskas, described Semaj as a very bright and gifted boy in spite of his behavior.

Semaj Booker's infamous history with the law

Semaj first made national headlines in January 2007 when the then-9 year old stole a car, got caught, then ran away again and flew to San Antonio with a plane change in Phoenix before he was arrested. The boy told investigators he was trying to go see his grandfather in Dallas.

Later in a TV interview, Semaj described using a man's name he overheard on a Seattle-Tacoma International Airport loudspeaker page to get a boarding pass from Southwest Airlines.

Following the boy's stunt, his mother said she was stunned but proud to hear about her son's actions.

"He just showed me that, Mom, 'I'm going to achieve anything I want to do. I'm going to just do it.' So he did it, from driving a car to getting on an airplane," said Sakinah Booker on the syndicated TV show "Inside Edition."

The day before his airline escapade, Semaj was involved in a high-speed chase in a stolen car on Highway 512. He eventually crashed when the car's engine blew, according to court records.

A judge found the boy guilty of second-degree car theft, attempting to elude police and driving without a license in connection with his January antics.

But instead of sentencing Semaj, the judge put him on probation. If Semaj puts in his best effort at school, pays back the woman whose car he stole, doesn't get behind the wheel for the next year and complies with other conditions, his conviction would be vacated, the judge said.

Then in May of 2007, the boy tried to sneak his way onto another flight at Sea-Tac Airport. He managed to get past the security gate, but was stopped at the boarding gate and taken into custody by Seattle police.

An airport spokesman said the boy indicated to police he was once again trying to get to Dallas, but the boy later told the family therapist he was trying to visit a step-brother in Minnesota.

No new charges were filed following Semaj's second attempt to hop on a plane. A judge could have put a felony on the boy's record but instead chose to extend his probation for another year in June 2008. Following the judgment, the prosecutor noted probation may not be working.

"I wonder what was not successful about the prior counseling, and what has changed so that it will be different this time," said Fred Wist, deputy prosecutor of Pierce County.

The boy's mother assured the judge his flying days were over.

"He knows what he did was wrong. He knows he shouldn't do that," said mother Sakinah Booker in court.

After the July robbery case, the judge asked Semaj's probation officer to request a dependency hearing in order for court could decide if Semaj and his siblings should remain in the home.

Throughout the case he had been questioning Sakinah's fitness as a parent, saying the records indicate "a pattern of behavior that causes the court significant concern." Semaj was placed in foster care in the following weeks.

As of mid-June, 2008, Semaj had yet to pay back the more than $3,000 for damages to the car he stole last January.

On July 5 Olivia Martez said Semaj had broken into her family's apartment by climbing through the window of a bedroom where her mother-in-law was sleeping.

"My mother-in-law was just screaming and just running out of the room," she said, describing the incident in court.

Martez said she called 911 and while family confronted Semaj about being in their apartment.

"And then he was just, 'Please let me go, please let me go,"' she said.

Semaj, then 11, told them he came in looking for his Gameboy, which someone had thrown through the window. He also allegedly gave officers a fake name and said he was 14 years old at that time.

The boy was placed in detention following the incident, but was soon released and placed in foster care.

Previous coverage:

Ruling delayed on jet-hopping boy in burglary case

Court zooms in on Semaj Booker's conscience

Mother of jet-hopping runaway could lose custody

Judge allows plane-hopping boy to go home

Semaj Booker makes trouble behind bars

Judge shows no mercy for infamous runaway

Semaj Booker evades detention

No new charges for Semaj Booker's latest stunt

The price of Semaj Booker's outrageous stunts

Boy tries to hop another flight from Sea-Tac

Tacoma runaway who flew to San Antonio put on probation

Program could clear Lakewood boy of charges

Mother of runaway expresses pride in son's escapades

9-year-old runaway steals car, then flies from Seattle to San Antonio