ROCHESTER, N.Y. (WROC) — The second court hearing in the Clyde-Savannah assault case began Thursday and one of the defendants will be heading to family court.
One of the 16-year-old defendants will be going to family court because the prosecution cannot reasonably oppose it.
A 15-year-old, a 16-year-old, and a 17-year-old were charged with first-degree felony aggravated sexual abuse, first-degree hazing, and forcible touching.
The other 16-year-old charged, who is being sent to family court, faces a charge of unlawful surveillance in the second degree. The DA’s Office says that teen’s case was moved since he was 15 at the time he was charged.
“I understand that frustration. I know the community is very concerned with how this case is prosecuted. However, under the law, the court and my office really have no authority or discretion. New York State has made these very clear definitions of what ages and crimes can be prosecuted. Under those laws that we are mandated to follow, that case has to go to family court, and there was nothing the judge or my office could do,” said Wayne County First Assistant District Attorney Christine Callanan.
The four boys, who were members of the Varsity Football team, were accused of assaulting a 14-year-old boy in the men’s locker room at Clyde-Savannah High School on October 31. Since the beginning of this incident, none of the boys have been in school and the team’s season ended.
During the first hearing, the prosecution and defense argued which court would hear the case — the prosecution filed a motion to keep the case in youth court and the defense argued it should be in family court.
The Clyde-Savannah School District’s Board of Education held a meeting Wednesday evening, but made the decision to cancel the public comment period. The meeting quickly came to an end, leaving some in attendance frustrated.
All four teens charged in this case are due back in court December 6.