Cowley County prosecutors have filed a motion to have 15-year-old Austin T. Brownell charged as an adult in the shooting of Angela Krepps last month, county attorney Chris Smith confirmed Monday.
A motion for adult prosecution was filed in district court last week, according to a court spokesperson. A judge will consider the request at a motion hearing at 2 p.m. Sept. 14.
Brownell has been charged in juvenile court with attempted first degree murder ? or aggravated battery in the alternative ? and burglary. He is accused of shooting Krepps in the face and chest as she stood outside her home in rural Cowley County early on the morning of July 29.
Krepps was not critically injured and is recovering.
Smith had previously informed the court that the motion could be forthcoming. A final decision was made after considering evidence in the case and receiving information from a mental evaluation of Brownell.
"I think the seriousness of the offense, and the random nature of it were probably the most important factors," Smith said. "Of course, the final decision in moving to adult court is up to the judge."
Moving juvenile cases to adult court is something that rarely occurs. Smith said he could think of only a "couple of times" that he’s requested such a move and in those cases the charges were less serious.
The motion was filed under seal with the court and is therefore not open to viewing by the public or media, according to a court official.
Investigators have said that Brownell’s parents had called to report that their teenaged son had taken a vehicle at night without permission. Brownell lives in a home near Krepps and the sheriff’s department began to believe he might be responsible for an early morning shooting at Krepps’ home.
Krepps heard dogs barking the night of the shooting and stepped outside, where she was struck by gunfire. Investigators believe Brownell intended to burglarize the Krepps property and also believe he’s is responsible for at least one other, unrelated, area burglary.
