Appeals court decides whether Omaha high school rape suspect should be tried as adult or juvenile

OMAHA, Neb. (WOWT) – A district court judge in Douglas County has ordered a 15-year-old boy accused of rape in February to be tried as an adult. However, his legal team is appealing this decision, arguing that the case should be heard in juvenile court, where the teenager can receive appropriate treatment.

The case involves a claim Another student was raped at Westside High School last DecemberSo almost a year ago. Investigators said another student was acting as a lookout, so no one prevented what was happening. The two suspects were 15 years old at the time. The female victim was 14 years old.

The Nebraska Supreme Court guided judges when deciding whether a teenager should be tried as a delinquent. adult or a child: “It is a test in which public protection and social security are balanced against the practical and trouble-free rehabilitation of the young person.”

Douglas County District Court Judge Leigh Ann Retelsdorf reviewed 14 criteria to conclude that the boy, now 16, should be tried in adult court. According to court documents, the defendant told police he was imitating pornography and forcibly restrained the 14-year-old girl even though she told him to stop.

“The crimes charged involve violence,” Judge Retelsdorf wrote. “The motives of the crimes do not involve mistakes or misjudgments.

The judge adds that the evidence shows that the defendant knew right from wrong and that this alleged attack was not impulsive or opportunistic, but rather planned.

Judge Retelsdorf believes that the defendant will likely require a longer period of supervision or safe custody provided through the juvenile court system. But a private practice psychologist evaluated the teen and told the judge he was at low risk of reoffending and would benefit from treatment in juvenile court.

The case now goes to the Nebraska Court of Appeals for decision.

As for the other 15 year old kid — person accused of serving as a lookout He was at Westside High School the day of the alleged assault; He is currently in juvenile court, where he is working with a probation officer on his rehabilitation.

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