Jonathan Daniel Kirkpatrick's case was moved back to juvenile court and now prosecutors want him tried as an adult, in one of the first applications of recently passed Senate Bill 1008, known as the Youth Justice Reform Bill

A five-day trial is expected to start Tuesday that will decide if a teenager will be charged as an adult in the 2018 killing of a homeless man in downtown Eugene. It will be the first waiver trial of its kind in Lane County, and possibly the state, after the Youth Justice Reform Bill went into effect Jan. 1.

Ovid Neal III, 56, was found unresponsive on the night of Oct. 3 on a sidewalk near the corner of Pearl Street and East 10th Alley.

Jonathan Daniel Kirkpatrick, who turned 17 just days after the killing, and 15-year-old Jessica Crystal Simmons later were arrested. The indictment alleged Kirkpatrick used a rock to assault Neal while he and Simmons robbed the homeless man.

Both teens initially were charged as adults with murder, two counts of first-degree robbery and second-degree assault, and they entered not guilty pleas.

But Kirkpatrick's case has since been moved back into juvenile court as a result of Senate Bill 1008. Dubbed the Youth Justice Reform Bill, SB 1008 aims to change the way Oregon prosecutes and sentences youth, shifting the focus to prevention and rehabilitation. It was signed into law July 22 of last year by Gov. Kate Brown and went into effect Jan. 1.

Any juvenile in Oregon older than 15 accused of a Measure 11 crime, including murder, robbery, and first- and second-degree assault, is tried as an adult. Under the new law, however, youth accused of any crimes are automatically placed in the juvenile justice system and prosecutors must request a hearing with a judge, who decides if the youth will be moved to the adult justice system. The bill also establishes a process by which all youth convicted in adult court have access to a “second look” hearing halfway through their sentence to reassess the remainder of their term.

Lane County District Attorney Senior Prosecutor Erik Hasselman said it is the first trial of its kind to be held in Lane County. He said he also believes it is the first in the state, and that defense lawyers and prosecutors from elsewhere are planning to attend because of its novelty.

Simmons' case also was moved into the juvenile court, and prosecutors have not filed a motion to waive the case to adult court, Hasselman said. Simmons' next appearance in juvenile court is at 1:30 p.m. May 1, Hasselman said.

Prosecutors did file a motion to waive Kirkpatrick's case into adult court, which is the reason for Tuesday's trial. Simmons is expected to serve as a witness for the state. The trial is open to the public and will be held in Lane County Circuit Court.

Follow Chelsea Deffenbacher on Twitter @ChelseaDeffenB. Email chelsea.deffenbacher@registerguard.com.