Charges dismissed against 3 Sperry students. Here's why the judge dismissed the case

A Tulsa County judge ruled that the charges against three Sperry High School students should be dismissed on Wednesday.

The students had been charged with rape by instrumentation of a fellow student in January and pleaded not guilty during an initial court appearance.

Here's why the case against Sperry High School students was 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.

The 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.

Statement from Attorney Andrea Brown:

“Today the court did what the State should have done in the first place -- recognized that it is illegal to charge my client in this case as an adult. The responsibility of the District Attorney's office is to seek justice. There is nothing just about manipulating or simply ignoring the law. My client, his family, and I are grateful to Judge Seiberts for her wisdom and her strict adherence to the law. By charging my client as an adult and thus making his name public, the State has exposed him and his family to ridicule and harassment. That is unjust and, as the court said today, illegal. We now urge the State to carefully consider how it proceeds with this case, and to remember that it has both a legal and moral obligation to approach juvenile cases with the confidentiality that they deserve."

The attorneys for the three Sperry High School students charged with rape by instrumentation say the case should have been dismissed weeks ago.

"This is another damage, this is another injury to these children who are being exploited by a system. This has got to stop," said attorney MJ Denman.

Statement from District Attorney's Office on Sperry students case:

The Tulsa County District Attorney's office charged the teenagers as adults for an incident last fall where the boys were accused of sexually assaulting a classmate. Prosecutors told the judge, rape and rape by instrumentation are viewed as the same under the law and carry the same punishment, so the district attorney argued, they can charge the boys as adults.

“The alleged facts of this case clearly demonstrate the State of Oklahoma’s position that rape in the first degree is rape in the first degree whether it is by the use of a penis or by the use of an object. The Oklahoma legislature has long made that point clear. While we are disappointed with today’s ruling, we stand by the filing decision in this case. Our office intends to appeal this ruling to the Oklahoma Court of Criminal Appeals. We will continue to seek every avenue of justice for the victim in this case," - Tulsa County District Attorney’s Office.

Statement from the victim's attorney Greg Denney:

The victim's attorney sent us a statement saying these charges should now be filed in juvenile court. He also says they plan to sue the school district, several administrators, and the three boys who are accused.

"The charges should now be filed in juvenile court. This changes nothing from the perspective of the plaintiff. We fully intend on filing a lawsuit against the Sperry public school system, several administrators and the perpetrators of this crime. We have nothing further to comment on at this time."

Impact on Sperry Staff 

The Oklahoma State Board of Education voted to suspend the teaching certificate of Sperry's principal, head football coach, and assistant coach during their Jan. 28 board meeting.

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