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OGDEN — A juvenile court judge ordered one of two students accused of plotting a Columbine-like attack at Roy High School to remain in custody.
Joshua Hoggan, 16, appeared Friday before 2nd District Juvenile Court Judge Janice Frost via video from the Weber Valley Juvenile Detention Center, where he has been held since his arrest on Jan. 25.
Hoggan is charged in juvenile court with use/possession of a weapon of mass destruction, a first-degree felony. Prosecutors are also seeking to have the teen certified as an adult.
Hoggan's parents sat next to him during Friday's hearing. His mother gave him a big hug as she entered the room and then seemed to be fighting back tears as the judge asked each person to state their name.
Scott Nickel, Hoggan's attorney, argued that his client is not a flight risk and has no prior criminal history. He asked the judge to release the boy to the custody of his parents and have an ankle monitor put on the boy if necessary.
"He's been cooperative in this situation in every respect," he argued to the judge. "We don't believe there's any real safety risk. We think he should be released."
He's been cooperative in this situation in every respect. We don't believe there's any real safety risk. We think he should be released.
–Scott Nickel
Nickel said Hoggan needs to finish online courses for school, as well as be able to get medical attention.
"We believe he also needs some psychiatric help," he said.
Prosecutors, however, argued that because of the seriousness of the crime, he should remain in custody.
"There is a risk to the community we need to consider," said deputy Weber County attorney Letitia Toombs. "There's Joshua's own safety we need to consider."
Prosecutors argued that because of the high profile nature of the case, it would be in Hoggan's own best interest to remain in custody. They conceded that he needed to attend doctor appointments "to get him back on medication."
Frost ordered Hoggan to remain in custody for now, but said he could attend doctor appointments. She said his parents could transport him to and from those appointments, but they needed to take him directly back to juvenile detention afterward. An in-court scheduling hearing was set for Feb. 8. At that time, Frost said she would again discuss the possibility of releasing Hoggan with an ankle monitor.
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Hoggan, along with 18-year-old Dallin Todd Morgan, was arrested Jan. 25 after a student at Roy High School alerted authorities about threatening text messages. Police say the two teens were planning to bomb the school during an assembly and escape in an airplane.
Outside the courtroom, Toombs offered little additional information about the case, but noted that even though Hoggan is a juvenile, it didn't mean he is any less culpable.
In their motion to have him certified as an adult, prosecutors argued that Hoggan's, "emotional attitude, pattern of living, environment and home life demonstrate that he has sufficient maturity to appreciate the seriousness of these charges and to be tried as an adult."
In April of 2010, Hoggan wrote a front page article for his school paper on the mass shooting tragedies at Columbine High School and Virginia Tech and what actions were being taken at Roy High to prevent a similar incident. In December of 2011, Hoggan traveled to Colorado and interviewed Columbine's principal.
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