Elkhart, Ind. An Elkhart teen charged with torturing a dog after throwing a firework in her mouth was back in court Thursday.
16-year-old Marquis Gary faces a cruelty to animal Class D Felony charge. Prosecutors also filed armed robbery charges against the teen.
Thursday in juvenile court, the judge ordered an evidentiary hearing to determine if Gary will be tried as an adult. Gary was out on probation when he was arrested for throwing the firework at the pit bull. He's now back in detention.
Both sides will argue over what's best for the community, or best for the teen.
“Probably the main thing the waiver is going to hinge upon is the best interest of the community in terms of whether the juvenile should stay in court or stay in the adult system,” says Kelly Stansbury a Elkhart County public defender.
Gary's grandmother says he wasn't the only teen throwing fireworks at the puppy, and questions why he is the only one that is being charged.