FREDERICK, Md. — The Frederick County State's Attorney's Office has petitioned to have the cases of two teen brothers charged in the deadly assault of a man at the Great Frederick Fair, be moved to adult court.
On Monday morning, Judge Julie Stevenson Solt canceled an originally scheduled October 22 court appearance, and instead scheduled a November 19 hearing on whether or not she will approve the State's waiver petition, to charge the teens as adults.
Frederick County State's Attorney Charles Smith said state law does not allow the teens to be charged as adults for the particular crimes they're accused of, unless the waiver is approved.
Both teens, who are ages 15 and 16, were previously only charged with assault. Prosecutors have since upgraded and added charges against the two.
The 15-year-old is now charged with manslaughter, 1st degree assault, and two counts of 2nd degree assault, while the 16-year-old has now been charged with two counts of 2nd degree assault.
Both teens are accused of punching 59-year-old John Marvin Weed multiple times, on September 20 at the Great Frederick Fair.
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.
Smith said his office looked into the possibility of a hate crime, but found no evidence that one was committed.
Solt ordered both teens to remain in custody throughout the rest of the court process.
Neither teen has been publicly identified.