Teen will be tried as adult in assault on school official in Provo

PROVO — A 16-year-old boy charged with attempted murder won't be treated as a juvenile but instead is headed toward felony prosecution as an adult.

The Roosevelt boy faces an attempted murder charge in 4th District Court — not juvenile court — for "intentionally and knowingly attempting to cause the death" of another on Sept. 1 in Provo.

The teen and another boy had run away from the Heritage School in Provo, a sub-acute psychiatric treatment facility for adolescents, and were being tracked down by the school's runaway team, said Provo police officer Scott Nielsen.

The team tracked them to Fat Cats, a pizza parlor and bowling alley at 1200 N. University Ave. in Provo, but the duo then escaped to a nearby apartment complex and were hiding in the laundry room, Nielsen said.

"(A school official) saw them in there, hiding under a table, and confronted them," Nielsen said. "When he confronted them, at least one of them pulled a gun and pointed it at him."

Nielsen said the victim doesn't remember what happened, but police believe he was struck several times in the head with the gun.

Nielsen arrived soon after, but the teens had already taken off, leaving behind a gun and ammunition on the floor.

The next day they were found and arrested on a trail by the Provo River, Neilsen said.

The boy had stolen the gun he used to threaten the school official, according to Nielsen and court documents.

The case was filed mid-September in Duchesne County's 8th District Court because that's where the boy's mother lives, according to court documents.

However, the juvenile case was transferred to 4th District Juvenile Court in Provo because the alleged incidents happened in Provo.

The boy appeared in Provo's Juvenile Court on Nov. 26, and Judge Kay A. Lindsay found probable cause the crimes had occurred and sent the boy to the jurisdiction of 4th District Court.

The teen was booked into the Utah County Jail on Tuesday, and the next morning Judge Gary Stott set bail at $10,000 cash-only.

A prosecutor hasn't yet been assigned to the case, but the teen will appear in court for his first official appearance on Dec. 5 at 8:30 a.m.

Utah County prosecutors amended the original 12 charges from juvenile court down to six, changing an aggravated assault charge with a weapon to attempted murder, according to court documents.

The teen is also charged with three second-degree felonies of burglary of a dwelling and one of theft, and a third-degree felony of theft.

Between Aug. 31 and Sept. 2, the boy and the other teen are accused of going on a rampage, stealing iPods, a PowerBook laptop computer, clothes, checks, a DVD player, money, cell phones from a home. The boy also allegedly remained unlawfully in several other homes "with the intent to commit a crime," according to court documents.

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