Porter teen's hearing postponed in school bus stabbing

Monday, April 5th 2004, 12:00 am

By: News On 6

WAGONER, Okla. (AP) -- The arraignment for the Porter teenager accused of fatally stabbing a classmate on a school bus was postponed Monday while an appeals court determines whether he should be tried as an adult.

Daniel Dillingham, 15, will now be arraigned May 3 in Wagoner County District Court, provided the Oklahoma Court of Criminal Appeals has ruled by then.

"It would be pretty ridiculous to proceed and then they say, 'go back to juvenile court,"' District Judge Bruce Sewell said.

On March 19, Dillingham's attorney, Dennis Shook, appealed a March 11 ruling by Associate District Judge Darrell Shepherd that certified the teenager as an adult in the stabbing of Andrew "Andy" Robinson, 16.

Sewell said the appeals court should rule fairly soon.

Dillingham is charged with first-degree murder. He faces a maximum of life in prison if convicted after prosecutors have said they will not pursue the death penalty because of the boy's youth.

Police say Dillingham admitted using a butcher knife to stab Robinson as the pair were riding to Porter High School the morning of Dec. 8.

Investigators say Dillingham was tired of being picked on by Robinson. Dillingham told investigators Robinson had teased him for years, court records say.

Dillingham remains jailed without bond apart from adult inmates at the Wagoner County Jail. If returned to juvenile court, and convicted, he would serve 10 years and undergo treatment in the juvenile system.