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San Diego

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The youth charged with leaning out a car window last July and bashing 9-year-old Joshua Garrett on the head with a baseball bat will be tried as an adult, a judge has ruled.

Juvenile Court Judge S. Charles Wickersham ordered Stephen Boyle, 17, to stand trial as an adult on charges of assault with a deadly weapon and vandalism in connection with the July 26 attack, as well as on an unrelated charge of auto burglary.

However, Boyle’s friend, identified only as 16-year-old Christopher, will face a charge of assault with a deadly weapon in Juvenile Court, Wickersham ordered Thursday.

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Prosecutors have said they believe Christopher was driving Boyle’s car in the 1600 block of Hollister Street in south San Diego when Boyle, who was sitting on the passenger side, leaned out and hit Joshua in the head with the bat. Joshua suffered a skull fracture but made a rapid recovery that amazed doctors.

“I think the judge made a proper decision, absolutely,” said Deputy Dist. Atty. John L. Davidson, who had urged that both youths be tried as adults. “It was a proper decision because, when we first assessed the case, we felt the offense was so grave and so serious that adult court was the proper forum for Stephen Boyle.”

Christopher’s younger age and his lack of a record were the reasons Wickersham decided to keep him in the juvenile system, Davidson said.

Boyle is scheduled to be arraigned Monday in South Bay Municipal Court, Davidson said Friday. Christopher faces a Nov. 2 hearing in Juvenile Court, where he will either plead guilty or be scheduled for trial, Davidson said.

Bail for Boyle was set at $25,000, Davidson said. Both Boyle and Christopher remain in Juvenile Hall, Davidson said.

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