NEW ORELANS (WGNO) — A judge has thrown out the case against juveniles Kendall Myles and Kayla Smith for the alleged carjacking and shooting of Scott Toups after DA Jason Williams missed the indictment filing deadline.

The proposed indictment was not filed within the 30-day window required by the Louisiana’s Children Code which means that Myles and Smith will not be charged as adults.

The alleged incident happened Back in July of 2022 after Myles escaped from Bridge City Center for Youth. Myles is accused of robbing, shooting and carjacking Toups during his escape in Uptown. This incident left Toups hospitalized in critical condition for months.

Toups wife Staci was an outspoken advocate at the time of the incident and met with DA Williams personally requesting that Myles be tried as an adult stating, ““These aren’t little kids that were dared to steal a candy bar from Walmart. These are carjackers, they’re armed robbers. They’ve done heinous crimes. Their age doesn’t make a difference.””

Williams’ indictment included charging Myles with attempted second-degree murder, criminal conspiracy to armed robbery, discharging a firearm during a violent crime, aggravated flight from an officer and armed robbery with a firearm. Smith charges would have included conspiracy to armed robbery and armed robbery with a firearm.

DA Williams has filed an appeal against the motion, which will be heard on April 3rd.

In a statement regarding the missed deadline, here’s what the DA had to say:

“First, these defendants are still in custody and we will endeavor to ensure that remains the case. 

This a case of being careful rather than careless. We worked systematically to build cases that we could win at trial, which included visiting the victim’s bedside and listening to the wishes of the family during the victim’s incapacity. It is imperative that this matter is handled with the appropriate level of care, in a way that is lasting rather than hasty. We owe it to Scott Toups and the memory of his loving wife to do this right and in a way that offers the best odds of prevailing at trial.

The system is not set up to be able to make a thoughtful and informed decision within the limited time period. However, the law is clear that even if the State doesn’t to meet this time limit, dismissal of the prosecution is not an appropriate remedy. Therefore, the judge who quashed the indictments in these cases did so in error and we are taking this matter to the Court of Appeal and State Supreme Court if necessary.”