FREDERICK, Md. (WMAR) — A Frederick County Circuit Court judge ruled Tuesday that one of two teen brothers charged in a deadly assault last year at the Great Frederick Fair, will have his case heard in juvenile court.
The two brothers, ages 15 and 16 are accused of punching 59-year-old John Marvin Weed multiple times, on September 20 at the Great Frederick Fair.
County State's Attorney Charles Smith had filed a waiver to have both their cases heard in adult court as opposed to juvenile court.
The waiver was filed based off several factors including, the seriousness and nature of the crime, public safety, age of the teens, their mental and physical condition, and their amenability to juvenile rehabilitative measures.
Judge Julie Stevenson Solt however denied the state's motion against the 16-year-old, concluding his case should remain in the juvenile system. He's charged with two counts of second degree assault.
Solt has yet to rule on the waiver for the 15-year-old, who is charged with more serious offenses including manslaughter, first degree assault, and two counts of second degree assault.
State law does not allow the teens to be charged as adults for the particular crimes they're accused of, unless the judge approves the waiver.
Prosecutors called the attack unprovoked and say it all started when Weed refused to give the teens a dollar.
Weed tried walking away but was followed, and allegedly punched in the back of the head by the teens.
Sometime later, the 15-year-old punched Weed in the head again, causing him to fall to the ground, at which point the 16-year-old spit on him.
Prosecutors say it was the second punch that turned fatal, as Weed died the next day at Shock Trauma.
Solt ordered both teens to remain in custody throughout the rest of the court process.
Neither teen has been publicly identified.