Sperry teens charged with rape by instrumentation can be tried as adults, Tulsa County judge says

A Tulsa County judge says the two Sperry teenagers charged with rape by instrumentation will continue to be charged as adults after initially saying they would be tried as juveniles.

Investigators say the two are charged in connection with a sexual assault involving another student at Sperry High School.

News On 6 is not naming the students because they are under the age of 18.

CASE BACKGROUND

Tulsa County prosecutors charged the two Sperry High School students with rape by instrumentation involving another student in January.

In the three months since he charges were filed, courts have ruled the boys couldn’t be tried as adults before ruling they could.

WHAT THE DISTRICT ATTORNEY SAYS

Steve Kunzweiler, the Tulsa County District Attorney, believes trying the teens as adults is the right call.

"I think it's a waste of time,” said Kunzweiler. “I am wondering, why are we doing this. We should have been doing a preliminary hearing today."

Kunzweiler says he wants the process to move along quicker.

"Every day that ticks by, these young men are just getting older, and if their argument is that they ought to be treated down at the Juvenile or Youthful Offender system, then let's have those hearings and that information, but we're ready to put on evidence in support of the allegation of rape by instrumentation,” said Kunzweiler.

WHAT DEFENSE ATTORNEYS SAY

Brian Boeheim and M.J. Denman each represent one of the two suspects.

They argue the delays are caused by the boys being charged incorrectly.

They argue the law says the teens should be charged in Juvenile Court.

"So what is really dragging this thing out more, getting to a place where you could charge them as adults, or improperly charging them as adults to start with, and having us fight for their procedural due process rights, and have them charged the way they were actually supposed to be charged,” said Denman.

"They're choosing to argue and defend some ludicrous interpretation of the law by them,” said Boeheim. “Anybody, you don't have to go to law school to read this, and see that the language is very clear."

TIMELINE

1. January 2025- Three Sperry High School students are charged with rape by instrumentation against another student.
2. February 2025- Charges were dismissed against the three students. A Tulsa County judge ruled it was against the law for the D.A. to file adult charges, and the case should have been filed as a Youthful Offender matter.
3. March 2025- Judge overrules a previous decision to dismiss the charges. The judge ruled the prosecutors had the discretion to charge the students as adults. Later this month, a judge dismisses charges against one of the students. The other two still face charges.

RELATED

1. Sperry students plead not guilty in rape by instrumentation case; Judge to decide next court date
2. Charges dismissed against 3 Sperry students. Here's why the judge dismissed the case
3. Tulsa judge reinstates adult charges for 3 Sperry High School students in rape by instrumentation case