COLVILLE, Wash.--The Stevens County Deputy Prosecutor said Thursday that he is gathering evidence to present next Wednesday in the case against two Fort Colville Elementary Students.

The two 5th grade students confessed to plotting to kill classmates last week. Court documents described the boys as armed with a gun, ammunition and a knife.

Prosecutors want to pres criminal charges against the 10 and 11-year-old. However, Washington State law could prevent prosecutors from filing charges.

It's a case the Deputy Prosecuting Attorney, Lech Radzimski, never expected to see.

This is the first time for us doing a capacity hearing on doing this one someone this age, said Radzimski.

Under the law children between the ages of 8 and 12 are presumed incapable of committing a crime. The presumption can be overturned and the kids can be tried in juvenile court according to prosecutors.
Although, a prosecutor must prove that the children knew exactly their intentions.

Prosecutors must seven points. Those points include the nature of the crime and the child's age and maturity. The legal team also needs to prove whether the child showed a desire for secrecy. Additional evidence must show that the child admonished the victim not to tell.

Court documents reveal a third child was in on the plot to kill. He was allegedly promised $80 to keep his mouth shut.

Prosecutors must prove other points include whether there is any prior conduct similar to what has been charged. And prosecutors must show that the child acknowledge the behavior was wrong and could lead to detention.

Court documents said during questioning an officer asked the 10-year-old if he knew what he was doing was dangerous, wrong and unlawful. Documents said that the boy replied yes, I just wanted her dead.

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