The Utah Court of Appeals is considering whether a Highland High School student should be tried as an adult for kidnapping a millionaire's son and stabbing an FBI agent.

Nicholas Hans Byrd, was wrongly charged as an adult, attorney Walter Bugden Jr. argued this week, asking that the appeals court to order the juvenile court to take jurisdiction.Byrd, now 18, was charged with two first-degree felonies in connection with the Dec. 8, 1987, kidnapping of classmate James Huntsman, the son of industrialist Jon M. Huntsman, and the stabbing of FBI Agent Al Jacobsen, who nearly died of a wound to the chest.

Prosecutors charged Byrd as an adult, but Bugden petitioned Juvenile Court Judge Sharon McCully to "recall" the case to juvenile court. McCully, however, refused to assume jurisdiction because the juvenile system doesn't give the judge adequate supervision over the defendant.

Bugden told the appeals court that supervision is not an issue that can be considered in recall. The law states the judge can only consider the defendant's age, criminal record and seriousness of the offense, Bugden argued.