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ROCKVILLE – Attorneys for two students charged in the alleged October Damascus High School rape incident wrote that they want their clients’ cases moved to juvenile court.
Attorney Jason Downs represents suspect in the incident Kristian Jamal Lee, age 15 and of Clarksburg, and asked for his client’s case to be moved to juvenile court because Lee is a minor, according to his written motion. The Clerk of Courts Office received Downs’s motion on Dec. 18, according to the online record for Lee’s case.
“The defendant [Lee] further requests that this Court exercise its discretion and order that ‘a study concerning the child, his family, his environment and other matters relevant to the disposition of this case be made,’” Downs wrote.
Attorney Shelly Brown, representing 15-year-old Caleb Thorpe of Gaithersburg, filed a motion on Dec. 14, for her client’s case to be transferred to juvenile court, not only due to his age but also, she alleged, because he was not the one who started the incident. She also requested the court order a study on Thorpe before deciding whether to transfer his case to juvenile court.
“Although the offense is serious, it is not alleged that the Defendant [Thorpe] was the principal but a co-conspirator,” Brown wrote, in her motion for a transfer waiver.
Earlier this month, David Felsen, attorney for Will Smith, age 15 of Clarksburg, filed a motion to have Smith’s case transferred to juvenile court, and filed a motion to suppress evidence.
Circuit Court Administrative Judge Robert Greenberg accepted the motion for Will Smith’s case to be considered for juvenile court on Dec. 11, according to court records. Documents also show that clerk of courts received the order on Dec. 17. Greenberg directed that the division of juvenile services investigate Smith’s case, his environment and “other matters relevant to the disposition of this case,” and that the results be presented the court and counsel by Jan. 25. A hearing on the motion is scheduled for Feb. 8, 2019. He directed that a pre-trial would occur afterward, also on Feb. 8.
A grand jury had indicted four Damascus High School teenagers on the charge of first-degree rape for sodomizing a 14-year-old with a broomstick and attempting to perform the same act on three other freshman junior varsity players.
The incident occurred in a freshman boys’ locker room on campus shortly after school dismissal Oct. 31. There were four victims. The victims and the suspects are members of the junior varsity football team.