Updated 11:45 a.m.
Prosecutors in the case of 17-year-old John LaDue will appeal a judge's ruling dismissing attempted murder charges.
LaDue had been accused of planning to kill his family and students at Waseca Junior and Senior High using homemade explosives and a collection of firearms and ammunition.
District Judge Gerald Wolf on Monday threw out four charges of attempted first-degree murder against LaDue, saying prosecutors failed to show the teen made a "substantial step, beyond mere preparation" toward committing the crimes.
LaDue was in court Wednesday for a hearing to determine whether he should be tried as an adult for the remaining charges against him. He still faces six counts of possession of explosive devices.
Because of the prosecutors' intent to appeal, today's hearing was postponed.
Steve Bergeson, LaDue's attorney, said he still plans to request the teen's release from the juvenile facility in Red Wing, Minnesota, but didn't indicate when he plans to make that request.
"The appeal is not only going to be a waste of dollars, it's going to delay Mr. LaDue being able to get into treatment," Bergeson said.
Prosecutors declined to comment, though Chief Deputy County Attorney Brenda Miller said her office has 20 days from Monday's order to file the notice of appeal with the Court of Appeals.
After both sides submit briefs and make oral arguments, the Court of Appeals will have 90 days to make a decision.