FREDERICK, Md. (WJZ) — A judge ordered two teenagers to remain in custody for an attack that left a man dead at the Great Frederick Fair in September.

The state filed waiver petitions to move the cases to adult court, canceling the hearing set for October 22.

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The 15-year-old boy has now been charged with manslaughter, first-degree assault and two counts of second-degree assault, and his brother, the 16-year-old, has been charged with two counts of second-degree assault.

The judge set a waiver hearing date for November 19 for both teens.

“Even though we couldn’t charge them as adults, we felt that based upon our review and detectives investigation, that they should be tried as adults,” Frederick County State’s Attorney Charlie Smith said.

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Police responded to the Great Frederick Fair at around 5:36 p.m. on September 20 about an assault of a 59-year-old man. John Marvin Weed of Mount Airy was flown to R. Adams Cowley Shock Trauma Center in Baltimore but later died of his injuries.

The 15-year-old teen allegedly asked the victim for a dollar, and when he said no, a verbal altercation occurred. When Weed tried to walk away, the two teens are accused of punching him in the head while following him until the 15-year-old allegedly punched Weed in the head causing him to fall on to the ground.

It was the 15-year-old punch that officials believe caused Weed’s death.

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Investigators have not publicly identified the teens in the case.

Kelsey Kushner