ROCHESTER, N.Y. — The last two Clyde-Savannah High School teens charged in a brutal assault were in court Thursday morning.

Four members of the football team are facing charges for the sexually abuse a 14-year-old in the boys locker room, on Halloween. 

News10NBC’s Hailie Higgins has been following this case.

It went by quickly again Thursday morning. Within 15 minutes, Judge Richard Healy had spoken with both sides about how this case should be tried.

The prosecution wants this to stay in Youth Part.

The defense wants the case moved down to Family Court.

While the court hasn’t made a choice on three of the boys, one boy was moved Thursday. 

In family court, the case is closed to the public, and the defendants’ records are sealed. Prosecutors said Thursday that Family Court also focuses on supervision and rehabilitation. In Youth Part, they are kept in the country criminal court system, and the case remains public knowledge.

The fate of three of the boys’ cases are still up in the air — the 17, 16, and 15-year-olds are charged with aggravated sexual abuse — a felony — and misdemeanor hazing and forcible touching.

The fourth boy was moved to Family Court on Thursday. That 16-year-old is charged with unlawful surveillance — also a felony. 

Police say he filmed what happened in the locker room, and shared it on social media.

But, when this happened two weeks ago — he was 15. Between his age and the severity of his crime — the law says, he must move to Family Court

Which means this is the last we’ll hear about it.

“I understand that frustration. I know that the community is concerned with how this case is prosecuted. However, under the law, the court and my office really have no authority or discretion, and that NYS has made these very clear definition of how those crimes can be prosecuted,” explains _____. “And under the laws that we’re mandated to follow, that case has to go to Family Court. And there’s nothing the judge or my office could do.”

The prosecution will be fighting to keep the other three boys in Youth Part — arguing that despite their ages, the crime is an extenuating circumstance.

Hailie asked both defense lawyers on Thursday for comment, but they declined. News10NBC will find out where the teens will be tried next time they’re in court, on December 6.

Related coverage:

• ‘I cried, it’s sad’: Parents voice concerns at Clyde-Savannah
• Assistant DA speaks about Clyde-Savannah sexual assault investigation: ‘I know this community is suffering’
• 2 teens in court for Clyde-Savannah assault case
• Clyde-Savannah school district and police investigate incident involving football team
• Incident involving Clyde-Savannah students ends varsity football playoff run