The appeals court will decide whether the Omaha high school rape suspect should be tried as an adult or a juvenile

OMAHA, Neb. (WOWT) – A Douglas County District Judge has ordered a 15-year-old accused of rape to be tried as an adult in February. But his legal team is appealing that decision, arguing in part that the case should be tried in juvenile court, where the teen can receive appropriate treatment.

The case involves an alleged the rape of another student at Westside High School last Decemberso almost a year ago. Another student, investigators said, served as a lookout so no one would interrupt what was happening. The two suspects were then 15 years old. The victim was 14 years old.

The Nebraska Supreme Court has given judges guidance when deciding whether or not a teenager should be tried as adult or a minor: “It is a balancing test whereby the public protection and safety of society is weighed against the practical rehabilitation of the minor without issue.”

Douglas County District Court Judge Leigh Ann Retelsdorf reviewed 14 criteria to conclude that the boy, now 16, should be tried in adult court. The defendant told officers he was copying pornography, forcibly restraining the 14-year-old girl even when she told him to stop, according to court documents.

“The crimes charged involve violence,” Judge Retelsdorf wrote. “The reasons for the crimes do not seem to involve mistakes or misjudgments.

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

Judge Retelsdorf believes the defendant will likely need a longer period of supervision or secure detention, which is provided through the juvenile court system. But a psychologist in private practice evaluated the teenager and told the judge he was at low risk of recidivism and would benefit from treatment in juvenile court.

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

As for the other 15 year old… the one accused of serving as a watchman at Westside High on the day of the alleged attack — he’s currently going through juvenile court, where he’s working with a probation officer on his rehabilitation.