A Tulsa County District Judge says there is enough evidence to charge a Jenks teen accused of killing a woman during a break-in with armed robbery.
The judge initially wanted to charge 15-year-old Joshua Mooney with larceny, but prosecutors appealed that ruling, saying Mooney deserved the more serious charge.
Mooney is already charged with first degree murder and second degree burglary.
Investigators say, a week before Christmas, Mooney broke into a Jenks home. After ransacking the house Tulsa County deputies say Mooney shot Mary Escue in the head after she walked in on him.
Mooney's attorney says it was never the teenager's intent to rob anyone and that he made a bad decision.
But the prosecution says the fact that Mooney held a gun to Escue and stole her car and other things in the house warrants a charge of robbery with a firearm.
"I think it's important first of all, when somebody takes you at gunpoint from the time you get in the door, takes you to a room and then shoots you in the head and takes your property, we think that's robbery," said prosecutor Doug Drummond.
"It is, as I say, a more serious charge, and that is why the state sought that and this judge agreed, but we still have a long way to go. There's still a trial and many other motions and many other court appearances before the final result," said Mooney's attorney, Jack Zanerhaft.
Mooney is currently being treated a youthful offender, which means, if he's convicted, he could be released in less than three years.
The prosecution will ask the Oklahoma Court of Criminal Appeals to overturn that decision, so Mooney can be tried as an adult.