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November 26, 2009

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Teen still faces hearing starting Monday

Tuesday, Feb. 24, 1998 | 10:39 a.m.

The ruling means that Steven McCabe, 15, still faces an evidentiary hearing beginning Monday. The hearing, the juvenile equivalent of a trial, is scheduled to last up to seven days.

McCabe's attorney, Mark Jackson, argued on Monday that a charge of solicitation to commit murder is unconstitutional because the law does not include any language about a person's intent.

District Judge David Huff disagreed and ordered the hearing to begin next week as scheduled.

McCabe, a Yerington High School sophomore, was arrested Dec. 17 at the school after officers discovered handgun and shotgun ammunition in his locker. He has been held in the Carson City Juvenile Detention Facility since that time.

As McCabe is a juvenile, there will be no jury in the hearing. Witnesses will be called to the stand to give testimony and to face cross-examination by McCabe's attorney.

Possible actions the judge could take range from probation to sentencing him to the Nevada Youth Training Center in Elko. Officials said it's highly doubtful the boy will be admitted back to Yerington High School.

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