TULSA, Okla. –
On Friday, prosecutors appealed a previous decision to dismiss the case and the district judge agreed saying that prosecutors had the discretion to charge the students as adults. The students are charged with rape by instrumentation of a fellow student and pleaded not guilty during an initial court appearance.
The attorneys for the students said that they plan to appeal this decision further.
Why was the case against Sperry High School students originally dismissed:
The attorneys for the students filed motions asking the judge to dismiss the charges against their clients arguing that it was against state law for the District Attorney’s office to file charges against the three as adults. They said that the case must be dismissed because all three suspects were under 18 at the time of the crime, which was classified as rape by instrumentation, not first-degree rape.
Prosecutors argued that under state late law, first-degree rape and rape by instrumentation are viewed as the same and have the same range of punishment. They argued that it’s up to the discretion of the DA’s Office to decide whether to charge them as adults or youthful offenders.
On Feb. 12, the preliminary judge agreed with the boys’ attorneys and ruled that it was indeed against state law for the DA to file adult charges and that the case should have been filed as a youthful offender matter.
However, on Friday, March 7 a different judge overruled that decision.
What Happens Next?
This case will return to the preliminary hearing phase.
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