The Duncan Banner


June 5, 2014

Osborne could face change in charge classification

DUNCAN — A conversation revolving around a Duncan teen charged with lewd molestation of a 5-year-old led to the question of whether he should be charged as a youthful offender or a juvenile.

Rocky Lee Osborne II, 16, appeared in court for his preliminary hearing conference relating to the felony charge. Osborne is classified as a youthful offender, which allows him to be tried as an adult. If the classification is changed to juvenile, he would be tried and — if found guilty — punished accordingly.

Osborne appeared in court Wednesday with his attorney Jim Berry of Oklahoma City, before Special District Judge Jerry Herberger. The State of Oklahoma was represented by Assistant District Attorney Jamie Phipps.

For the purpose of Osborne’s case, the preliminary hearing conference was referred to as a “prosecuting merit hearing,” which Herberger said will make a “distinction” in the case, saying the attorneys and the court were “doing something a little bit different.”

When it came to Osborne’s understanding of right and wrong, Berry qualified it as “questionable.” He said Osborne and Osborne’s parents did have an understanding of what was happening in court.

Herberger asked if Berry thought Osborne was competent to continue through the court process, and Berry said he did.

Osborne is set to reappear in front of Herberger at 10:30 a.m. July 2.

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The gas buydown event will take place at Hop & Sack in Marlow on Saturday.