PINEVILLE — The two teens charged in the death of Bell County Sheriff’s Deputy Sean Pursifull and his K-9 King were in court Wednesday for a decision as to whether they will be charged as adults.

One teen is going to remain charged as a juvenile in Bell District Court while the other was bound over to the Bell County Grand Jury to be charged as an adult, according to Bell County Attorney Neil Ward.

Eric J. Gerren, 16, was the passenger in a car police chased for miles beginning in Harlan, where the two sped off without paying for gas in early January. He is going to remain charged as a juvenile. The Daily News does not normally publish the identities of juveniles charged with crimes, but because of the nature of the crime his identity has been widely reported in the media.

The charges against Gerren were amended from murder to complicity to commit murder, said Ward, which carries the same penalty.

“This came as the result of an agreement between my office and his defense attorney, with the defendant’s knowledge, prior to today’s hearing,” said Ward late Wednesday evening. “He has agreed to take responsibility for his actions.”

The Bell County Sheriff’s office was consulted during talks about the agreement, Ward said, and officials anticipate Gerren being available to testify against Poppiti.

Gerren will face another hearing on May 21; juvenile court sessions are closed.

David Poppiti, 17, of Delaware, was the driver when the teens’ car rammed into Pursifull’s parked cruiser as they were being pursued. According to Ward, Poppiti met the criteria to transfer as an adult to the Circuit Court. The case will be heard before the Bell County Grand Jury, who will hear the charges and decide whether or not to indict him.

“I expect a grand jury to convene pretty quickly,” Ward said.

It is unknown whether Poppiti’s attorney, Bell County Public Defender Linda West, will ask for a change of venue for her client. That decision will come later, said Ward.

“The county attorney’s office is pleased with the results of today’s hearing,” Ward said. “Based on the facts presented, this agreement was the fairest and presented the best resolution. The driver will be held accountable in adult court and the juvenile will be held accountable as well.”

Both defendants are still being held in a juvenile detention center in Adair County.

Marisa Anders is Managing Editor for the Daily News. She can be reached via e-mail at manders@middlesborodailynews.com.