Judge rules trial will move forward for two Sperry students charged with rape

A Tulsa County judge rules there is enough evidence against two Sperry students charged with rape by instrumentation. Gaige Kelly and Ayden Allison are accused of sexually assaulting another student in a locker room a year ago.

Attorneys for the suspects argued there is not enough evidence for the case to move forward. The judge disagreed, especially given there was a video of the assault.

Two people testified, including the student who videotaped the incident. That student was also originally charged in this case, but it was later dismissed.

The attorneys for the two who are charged argued that there is not enough evidence in the video for the case to continue. The attorney for Kelly told the judge that Kelly should be tried as a youthful offender, even though it has already been ruled that both students are being charged as adults.

The district attorney's office said it has the responsibility to prove guilt beyond a reasonable doubt, and that's what it intends to do.

Attorneys for both of the students declined to comment.

Previous Stories:

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