The teen was charged with a double homicide and prosecutors in Davis County want to try him as an adult.
His attorney Todd Sessions disagrees and wants the 15-year old to stay in the juvenile system.
“We wouldn't be fighting for it if we didn't believe that,” says Sessions.
He says the teen has no history of criminal activity and remains locked up in the juvenile detention center in Farmington.
Sessions told the judge a mental evaluation has been completed on the juvenile but it still needs to be processed and delivered to prosecutors.
The judge issued a hearing for May 21-23 to determine if he should remain in juvenile court or turned over to the adult system.
It’s not unusual for young teens to be prosecuted in the adult system in Utah.
Carlos Hernandez was fourteen when he raped and strangled a 15-year old girl. He's now in prison.
Antonio Farani, another 14-year old is serving 20-years to life for ordering the killing of Jojo Brandstadt. And Brookes Shumway was 15-years old when he stabbed his friend 47-times. He's serving up to 15-years in prison.
But in this case, the teen’s attorney says the teen would be better off in the juvenile system.
“Because of his age, because of the resources that are available in juvenile court that are not available in the adult system, because of the complexity that we are finding out, it isn't in his best interest (to be tried as an adult),” says Sessions.