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Teen accused of rape during school at Westside gets no bond

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OMAHA, Neb. (KMTV) —

  • A 15-year-old Westside High School student accused of raping a fellow student during the school day was in court for the first time on Friday charged as an adult.
  • Hon. Judge. Grant Forsberg denied bond.
  • Video shows why Douglas County Attorney Don Kleine decided to charge the teen as an adult.

BROADCAST SCRIPT:

A 15-year-old Westside High School student accused of raping a fellow student during the school day was in court for the first time as an adult.

I'm Aaron Hegarty with 3 News Now.

On Friday, the judge decided he'll be held with no bond.

A warning: Some of these details are upsetting. Even though the defendant is charged as and adult, due to his age, KMTV is not identifying him at this time.

In describing to the judge what the 15 year old is accused of, the state says it happened in a stairwell and a 14-year-old alleged victim was yelling no.

Douglas County Deputy Attorney Zachary Severson: "After waiving Miranda (rights), the defendant eventually admitted to penetrating the victim, and admitted that despite her saying no he continued to penetrate her and did not stop until he was finished. The defendant also admitted to the co-defendant being present and told the co-defendant to watch the door so no one could come in."

The 15 year old being charged as an adult is charged with first degree sexual assault, which carries a minimum sentence of one year and up to 50. The other involved is being charged as an accessory, and is not charged as an adult.

Douglas County Attorney Don Kleine says the facts surrounding the case is why he decided to charge the teen as an adult.

Kleine: "Basically because of the serious nature of the offense. We're talking about a first degree sexual assault, forcible, on school property, in a stairwell. We thought the serious nature of the charge in and of itself warrants that that should be charged as an adult."

The defense argued the mother advised her son could continue to go to school online to avoid contact with the alleged victim, but Judge Grant Forsberg denied that request. That means he'll remain in custody.

Forsberg: "Your age and lack of criminal activity definitely work in your favor, fortunately. Given the crime that which you've been charged with, setting a bond at this time would depreciate the seriousness of the crime."

He's set to be in court next on January 12.

Reporting in downtown Omaha, I'm Aaron Hegarty.

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