UPDATE (3/21/25) — The Tulsa County District Attorney’s Office said it’s dismissing a first degree rape charge filed against one of the Sperry High School students accused of rape.

The DA’s Office said the student, a minor, was a witness and did not commit or participate in any crimes. The charge was dismissed, while the cases against the other students will move forward.

The DA’s Office released the following statement:

“During the course of this case, additional information was related to our office by the Defendant’s attorney. We investigated the information provided and were able to verify that the Defendant’s involvement was that of a witness, and not as a principal. The Defendant did not commit a crime, nor was he cooperating with the commission of the crime alleged. We will proceed forward on our case against the other charged defendants. As we have consistently stated, each person charged with an alleged crime enjoys the presumption of innocence until and unless a judge or a jury determines otherwise.”

FOX23 will follow this for updates.

UPDATE (3/7/25) — Charges have been reinstated against three Sperry High School students accused of sexually assaulting their classmate for first degree rape by instrumentation.

FOX23 told you last month when a district judge dismissed those charges based on age.

The state appealed, and a new judge reversed that decision on Friday. The three students are now being recharged as adults.

The Tulsa County District Attorney’s Office (TCDA) released the following statement regarding Friday’s ruling:

“We respect and agree with the judge’s legal analysis and ruling in this matter,” TCDA stated. ”It has always been our Office’s position that the law permits the State of Oklahoma to charge the individuals involved in this case as adults. We look forward to proceeding with this case and fighting for justice for the victim.”

Greg Denney, the victim’s attorney, provided the following statement:

“We are glad to hear the court agreed with the state of Oklahoma, and now these perpetrators can be prosecuted as adults,” he stated. “Of course the defendants will appeal this ruling. We will wait for the court’s decision on that front. However we are still vigorously prosecuting our own civil case in the jury trial system. We will continue to seek justice for our clients who have suffered tremendously.”

The defendants are appealing and this will likely go to a third judge before a preliminary hearing.

“My client and his family are disappointed with the court’s decision today,” said defense attorney Andrea Brown. “It remains our position that the law is clear: the State cannot charge juvenile defendants as adults when the allegation is Rape by Instrumentation. Two judges have now heard argument on this issue, and they are not in agreement with each other. As such, we will now seek a review of this issue by the Oklahoma Court of Criminal Appeals. Given the particular facts of this case, I am perplexed as to why the State feels that justice requires my client to be prosecuted as an adult. The juvenile justice system, including the youthful offender program, is designed specifically for a case like this one. We urge the District Attorney’s office to review the facts and circumstances here, to exercise its discretion allowed by law, and to charge my client as a juvenile or youthful offender so we can allow a judge or jury to weigh the facts and evidence to determine whether or not this crime even occurred as they claim.”

UPDATE (2/12/25) — The first degree rape by instrumentation charges against three Sperry High School students were dismissed by a Tulsa County judge on Wednesday.

The student’s charges were dismissed based on age.

In January, attorneys representing the students insisted their clients are too young to be legally tried and charged as adults for the crime.

The State of Oklahoma will appeal the ruling, with a hearing for appeal set for Feb. 19.

The Tulsa County District Attorney’s Office released the following statement:

“The alleged facts of this case clearly demonstrate the State of Oklahoma’s position that rape in the first degree is rape in the first degree whether it is by the use of a penis or by the use of an object. The Oklahoma legislature has long made that point clear. While we are disappointed with today’s ruling, we stand by the filing decision in this case. Our office intends to appeal this ruling to the Oklahoma Court of Criminal Appeals. We will continue to seek every avenue of justice for the victim in this case.”

FOX23 will continue to follow this for updates.

TULSA, Okla. — The three Sperry students charged with first degree rape by instrumentation arrived in court today to fight the charges against them.

Both attorneys representing the students said their clients are suffering damages and shouldn’t be facing these charges as adults.

“How would you do if you were a child being treated as an adult? How would you do if you were being traumatized by a government that is quite frankly exploiting you?” asked M.J. Denman, the defense attorney for two of the accused students.

Brian Boeheim, the defense attorney for the third student agreed, saying, “It concerns me that the State of Oklahoma has misinterpreted law in such a very clear issue.”

However, Greg Denney, the attorney representing the victim and his family, stated irreparable damage has been done to his client.

“He’s suffered tremendous emotional distress,” said Denney. “Obviously, this incident caused him severe pain. The family is really not doing very well on account of this as well. So unfortunately, it’s a bad incident with everyone involved.”

Still, both attorneys representing the charged students insist their clients are too young to be legally tried and charged as adults for this crime.

“To be fair, I believe the state of Oklahoma is clear on the statute. It reads very clearly. I don’t even understand why we are here...They are choosing to take these children, these kids, and put them through an adult process for no particular reason,” said Boeheim.

Denman added, “The law is clear. These are children. Children get charged in juvenile court.”

Boeheim feels so strongly that the charges should be dismissed that he’s refusing to even accept the charges against his client.

“We’re not even accepting it is an adequate and legitimate charge.”

The three Sperry students are currently being charged due to their alleged involvement in a rape that occurred in a high school locker room. This incident is believed to have happened last October and inside sources have shared the incident was allegedly videotaped and sent out before it was brought to police attention.

Denney, the victim’s attorney, stated that beyond the three students who have been charged there are even more people who could be held responsible in this case.

“We’re suing the Sperry Public Schools and there’s several other individuals during our investigation we found that they’re probably culpable as well.”

According to Denney, Sperry’s high school principal and two football coaches have been suspended.

“I do know about the cover-up,” said Denney. “I think that’s the problem with the case. I know that this incident or these incidents have happened in Oklahoma throughout the years and really they’re not going to stop until someone brings all this to a head, bring everyone into court, calls them in here and says, ‘hey, what did you know about this? When did you know about it? Who did you tell? And why didn’t you tell them?’”

To be clear, Denney is representing the victim and his family but he is not the felony prosecutor. This case is being prosecuted by the district attorney’s office.

All three suspects in this case are due back in court on February 12th for their preliminary hearing.

The names of the three students are publicly listed on court documents, but at this point FOX23 has chosen to withhold their names due to their age and the potential they could be charged as youthful offenders and not as adults in the upcoming weeks.

Sperry Public Schools gave the following statement regarding the incident:

“We are aware of the recent charges brought against three students at Sperry High School by the Tulsa County District Attorney in connection with a serious incident involving a fellow student. As the Superintendent of Schools, I want to express my deep concern regarding this situation and extend my thoughts to all individuals impacted by this situation. First and foremost, the safety and well-being of our students is our highest priority and we are committed to supporting our students and ensuring a safe environment. That being said, we understand that news like this can be unsettling and may raise questions and concerns. As you probably know, the school is bound by privacy laws and can’t provide specific information; however, I assure you that appropriate measures were swiftly taken to address any misconduct.

Additionally, we have fully cooperated with law enforcement ever since we reported the incident back in October. While I understand the community’s concern regarding this matter, I urge everyone to avoid jumping to conclusions. It is crucial to allow the legal process to take its course and to respect the privacy of all individuals involved. Please remember that our schools are a place for learning, growth, and care. Let us come together to support one another and ensure that Sperry remains a safe community for all of our students. Thank you for your understanding and support."