A judge has reached a decision in whether to charge a teenager as a juvenile or an adult in the murder of a homeless man in downtown Eugene in 2018.

A hearing Tuesday morning will determine the next steps in the Jonathan Kirkpatrick case, according to Lane County District Attorney Senior Prosecutor Erik Hasselman.

Until then, nothing will be announced publicly because Kirkpatrick still is being considered a juvenile.

Kirkpatrick, then 16, and his girlfriend Crystal Simmons, then 15, allegedly killed Ovid Neal III Oct. 3, 2018, in downtown Eugene during a robbery. Prior to the passing of Senate Bill 1008 last year, juveniles 15 or older accused of Measure 11 offenses, such as murder or robbery, were automatically tried in adult court, and Kirkpatrick and Simmons were no exception. However, SB 1008, which went into effect in January, moved Kirkpatrick’s and Simmons’ cases back to juvenile court at the beginning of this year. In January, a waiver hearing was held to determine if Kirkpatrick will be moved back into adult court, a requirement of the Senate bill.

The hearing did not determine if Kirkpatrick committed the crime. There is no jury in a waiver hearing and the decision has been up to Judge Suzanne Chanti.

Simmons will remain in juvenile court and agreed to testify against Kirkpatrick during the hearing. Simmons testified the couple ended up with $11, a little bit of marijuana, a gold-colored marijuana pipe and some loose change after the killing. She also disclosed that the rock used to murder Neal was used the previous night to attack another person in the same area of downtown Eugene. The couple allegedly hid the rock under a grate around a city tree and retrieved it during the assault on Neal.