A teenager accused of killing his 5-year old foster brother in rural Harrison County as the two played near a ravine last August, will remain in jail, and not be transferred to a juvenile detention center in Council Bluffs. The Omaha World-Herald reports  the ruling was issued by a judge Monday, at the Harrison County Courthouse.

17-year old Cody Metzker-Madsen is in solitary confinement at the jail, because minors are separated from other inmates. Another motion to determine whether Metzker-Madsen’s first-degree murder charge would be moved to juvenile court, will be decided on Dec. 6th.

Metzker-Madsen is accused in the death of an Atlantic boy, 5-year old Dominic Elkins, who, according to court documents, had multiple injuries to his head and torso. Metzker-Madsen is being held in the Harrison County Jail on $500,000 bail.

Both were foster children in the care of Don and Julie Coolman, who reside near Logan. Metzker-Madsen had lived in the Coolman home for about three years, while Dominic had been there a few weeks.