DES MOINES, Iowa (AP) – An attorney for a teen accused of killing a 5-year-old Atlantic boy is asking that his case be moved to juvenile court.  The Des Moines Register reports that public defender Michael Williams of Sioux City is also asking for a full evaluation of 17-year-old Cody Metzker-Madsen‘s mental health, juvenile court history and family history.  The teen’s family has said he is mentally disabled and has the mental capacity of a preschooler.

A judge has scheduled a hearing for Sept. 30, the same day the teen is supposed to be arraigned.  Authorities believe Metzker-Madsen killed 5-year-old Dominic Elkins, whose body was found at the bottom of a ravine near Logan, on Aug. 31st.

The teen and the boy had lived at the same foster home for nearly three weeks.