WILKES-BARRE – The state Superior Court has thrown out an appeal made in the case of a teen charged with homicide in the December 2009 death of his great-grandfather to have his case heard in juvenile court.
The high court granted a request by prosecutors to dismiss an appeal made by the attorneys for Cody Lee, 19, charged in the shooting death of 80-year-old Herbert Lee at their home in Lake Township.
Lee's attorneys, Peter Paul Olszewski Jr., Melissa Scartelli and Charles Rado, were attempting to appeal a ruling made by a county judge that their client's case would be tried in adult court.
The attorneys argued the case should be heard in juvenile court because Lee was 16 years old at the time of the alleged shooting.
Judge Joseph Sklarosky Jr. denied that request, which was appealed by Lee's attorneys.
Sklarosky said in an opinion he did not feel Lee's case was appropriate for juvenile court after hearing five days of testimony on the attorneys' request.
Lee's case will now be returned to Luzerne County and Lee will be scheduled to appear for a preliminary hearing before a district judge.
Lee has yet to have a preliminary hearing because his case had been tied up in court on the juvenile court issue.
The Superior Court said the appeal was being thrown out because the appeal was taken from an order that is interlocutory and not appealable.
An interlocutory order is defined as something temporary or not final, usually an order or decree made provisionally pending a final determination.
Lee had been housed at a juvenile treatment facility in Westmoreland County since October 2010, but in August was sent to the county prison after the ruling he would be tried as an adult.
State police at Wyoming and Luzerne County detectives allege Lee killed his great-grandfather with a single shot to the head from a rifle just after 5:30 p.m. on Dec. 9, 2009.
Lee planned to kill his father, Scott Lee, who managed to wrestle the rifle way from his son, according to arrest records.
Investigators say Lee shared his intention to kill his great-grandfather and father with another student during classes at Lake-Lehman High School.
He allegedly had a notebook that contained an outline of the actions he was going to carry out: Find grandpa's guns. Kill grandpa. Find money. Find clothes. Wait for dad to get home. Kill dad …