VALPARAISO, Ind. (STMW) — The eldest of the two girls who held a Valparaiso, Ind., boy against his will and sexually battered him will be tried as an adult.

The Porter County (Ind.) Prosecutor’s office filed four felony charges and one misdemeanor Monday against April L. Kuchta, 16, of Valparaiso.

The highest level felony, Class A criminal deviate conduct, carries a sentence of between 20 and 50 years.

Porter County Prosecutor Brian Gensel wouldn’t comment directly on the case. He did explain in an e-mail the process of waiving a juvenile to adult court.

“Several factors are considered, including the age of the perpetrator, the serious nature of the charges and prior history of delinquency. There are also certain serious offenses that the legislature has determined to be ‘direct file’ offenses. This means that the juvenile courts do not have jurisdiction over them and the charges are filed directly in adult court. Criminal deviate conduct as a Class A Felony is one such ‘direct file’ charge,” Gensel wrote.

The other felony charges against Kuchta are criminal confinement, sexual battery and intimidation. The Class A misdemeanor is battery.

Gensel didn’t say why the other girl, a 14-year-old, was not waived to adult court from juvenile court, but she is charged with Class B felony confinement and Class C felony intimidation, as well as Class A misdemeanor battery.

The 14-year-old’s criminal history includes three Class D felonies: auto theft from Feb. 26, theft from Feb. 25 and escape from April 3, when she removed an ankle monitoring device.

The history also includes misdemeanors.

The incidents began about 8 p.m. April 9, court documents state, when Kuchta and the other girl repeatedly texted a developmentally disabled 17-year-old to come to Kuchta’s residence, according to court records. When the boy relented, they held him at knifepoint and handcuffed him, poking him repeatedly with the knife.

He told police they recorded him on a cellphone doing and saying things against his will and Kuchta touched him sexually.

After leaving him handcuffed and covered with a blanket for two hours, the girls allegedly invited others over to witness the incident.

The others twice freed him, but Kuchta allegedly threatened him with the knife to get back into handcuffs and someone bit his arm.

Kuchta told police they were messing around, according to court records.

She is being held in Porter County Jail without bond.

© Sun-Times Media Wire Chicago Sun-Times 2011. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed

Watch & Listen LIVE