KENOSHA, Wis. — A 13-year-old Kenosha boy charged with making terroristic threats has been deemed competent to stand trial.
During a court hearing on Friday, the teen's attorney withdrew a previous plea of not guilty by reason of mental disease or defect, following the results of a mental evaluation.
Investigators say the teen entered Roosevelt Elementary School in November carrying a duffel bag full of airsoft guns.
According to police, the teen conducted hours of research on school shootings, recorded videos of himself practicing room-clearing techniques, and looked up maps of the school.
"It's not a jury trial. The same rules of evidence apply, but it's beyond a reasonable doubt," Mike Barth, an attorney in Kenosha, said. "But only it's a judge, not a jury."
The teen's case will proceed in juvenile court, and as a juvenile, he will not face a jury.
Watch: 13-year-old Kenosha boy deemed competent to stand trial for terroristic threats
"If he has a trial, that means they've already determined they would not pursue a waiver, or they did try to pursue a waiver and it was not granted," Barth said. "But because it's a juvenile, you can't know because they have that degree of protection."
Instead, a judge will determine his guilt or innocence based on the evidence.
"As a juvenile, you don't have the right to a jury, which is a jury of 12 of your peers," Barth said. "It would be just a judge who determines guilt or innocence and proof/not proof. The same rules of evidence apply."
The teen will be back in court on Jan. 8, with the trial scheduled for Jan. 15.
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