The Herald-News, attorneys for 15-year-old Christopher Endicott filed a motion with the Metcalfe Circuit Court to move his trial back to juvenile court.

Attorney Leilani Krashin stated at the Dec. 13 appearance that the transfer had been unconstitutional and the juvenile (district) court had not submitted sufficient reason to warrant a transfer.

In the motion filed by lead council Harolyn Howard, she stated that the Commonwealth had not provided the background information on Endicott and did not advise the grand jury about their right to return the case to district court.

Since Commonwealth Attorney Karen Davis had not had the opportunity to file a response to the motion, Circuit Judge Phil Patton postponed ruling on the matter.

In her response to the defense motion, Davis stated that the transfer was appropriate because of the seriousness of the crime and because the district court found that at least some planning had been involved.

Gary and Barbara Holloway were asleep when they were shot and Endicott stole the rifle, their vehicle and money.

Endicott is charged with two counts of capital murder, fleeing/evading police first degree, first degree robbery, two counts of theft by unlawful taking over $500, and tampering with physical evidence. As he was found in the company of a 12-year-old minor female, he was additionally charged with custodial interference, and first degree wanton endangerment.

Endicott was apprehended after the vehicle ran off the side of the roadway during a police chase.

Last week Judge Patton announced that after considering both sides of the argument he made the decision to deny the defense motion.

A pretrial conference was scheduled for January 10.