Tulsa judge reinstates adult charges for 3 Sperry High School students in rape by instrumentation case

A Tulsa County judge overruled a previous decision to dismiss the charges against three Sperry High School students accused of rape by instrumentation.

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. Defense Attorney Andrea Brown expressed disappointment in the ruling and emphasized the clear legal stance that juveniles should not be charged as adults

“My client and his family are disappointed with the court's decision today. It remains our position that the law is clear: the State cannot charge juvenile defendants as adults when the allegation is Rape by Instrumentation. Two judges have now heard argument on this issue, and they are not in agreement with each other. As such, we will now seek a review of this issue by the Oklahoma Court of Criminal Appeals. Given the particular facts of this case, I am perplexed as to why the State feels that justice requires my client to be prosecuted as an adult. The juvenile justice system, including the youthful offender program, is designed specifically for a case like this one. We urge the District Attorney's office to review the facts and circumstances here, to exercise its discretion allowed by law, and to charge my client as a juvenile or youthful offender so we can allow a judge or jury to weigh the facts and evidence to determine whether or not this crime even occurred as they claim," said Brown.

The Tulsa County District Attorney’s Office released a statement after Friday's decision saying they are ready to continue to the next phase of this case.

“We respect and agree with the judge’s legal analysis and ruling in this matter. It has always been our Office’s position that the law permits the State of Oklahoma to charge the individuals involved in this case as adults. We look forward to proceeding with this case and fighting for justice for the victim.”

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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