Prosecutors want Batavia teen tried as adult in bombmaking-materials case
Kane County prosecutors want to move to adult court the case of a 15-year-old Batavia High School student charged with possession of extensive bombmaking materials after a search of his parents' house in late November 2019.
The boy appeared in Kane County juvenile court Thursday, where prosecutors indicated they filed a motion for a "discretionary transfer" to adult court, where he could face at least two, more severe felony charges.
The most severe charge, which attorneys did not disclose or comment on, is a Class X felony charge that carries a prison term of six to 30 years with no option for probation.
Kane County Assistant State's Attorney Bridget Sabbia said the state planned to charge the boy with a Class X felony. She declined further comment.
Defense attorney Gary Johnson also confirmed prosecutors want to charge his client with two Class X felonies if the matter is transferred to adult court.
"I didn't know this motion for a discretional transfer was coming," said Johnson, who declined further comment.
Under juvenile court laws, the teen, if found guilty in juvenile court, can be held in a juvenile facility until he turns 21.
If the case is transferred to adult court and the teen is convicted of the most severe offense, he would be sent to the Illinois Department of Corrections. Depending on the duration of the sentence, he could be incarcerated beyond his 21st birthday.
Judge Kathryn Karayannis on Thursday noted the Kane County Diagnostic Center had completed a court-ordered psychological evaluation of the boy. The evaluation was sealed.
The boy will continue to be held at the county's Juvenile Justice Center. He is next due in court Feb. 27 when attorneys will argue who should review the psychological evaluation first - attorneys in the case or Karayannis.
A date has not been set for when attorneys will argue whether the boy's case should be moved to adult court.