An Indiana judge is upset she wasn't told the teenager she sent to Boys Town last summer was a murder suspect.

Had she known, she says 14-year-old Nevin Brooks never would have been sent to Nebraska. He was arrested January 5th by Boys Town Police for an Indiana murder.

Brooks will go before Marion County Juvenile Court Judge Marilyn Moores, the same judge who sent him to Boys Town. On Thursday, she'll decide whether he'll be tried as an adult or juvenile for murder.

Brooks was sent to Boys Town in July for specialized treatment. At the time, he admitted to taking part in three armed robberies. Court records show the judge did not learn Brooks was a murder suspect until charges were filed against him in late December.

The teen arrived in Indianapolis last Thursday night after Indiana law enforcement officers picked him up at the Douglas County Youth Center.

Brooks is accused of robbing 27-year-old David Hardwick outside his Indianapolis home last March and then shooting him in the temple in what's described as a random murder.

Court records show police arrested the teen the next day for a different armed robbery that happened a mile away. A month later, a bullet found on the 14-year-old appeared to match the one that killed the man.

Last April, Brooks' mother September Benson apparently identified her son on surveillance video using the homicide victim's ATM. But prosecutors never told the judge. Boys Town says administrators only knew about a robbery.

Prosecutors say they never told the judge about this murder case because investigators were still trying to tie up loose ends and that they don't make it a habit of telling judges everyone they're investigating.

At the time of Judge's Moores' initial decision to send Brooks to Omaha, he had already admitted pulling off three armed robberies. A spokesperson for the county attorney in Marion County, Indiana clarified why he faces two counts of murder for one victim since he was booked in Nebraska on two counts of murder.

Indiana files charges differently than Nebraska. It appeared Brooks was charged with two murders. Authorities say when he committed a robbery, he intended to kill the victim. The intent to kill brought a homicide-related charge. The actual killing brought a charge of homicide.

"He was placed at Boys Town from Marion County Court in the first place for some involvement in a robbery to begin with, then apparently they've discovered evidence and issued a warrant for him," said Douglas County Attorney Don Kleine. "Certainly it's very troubling to see a young person like this in trouble with those type of charges."

Brooks was placed by the courts at Boys Town on July 3, 2008 and had been in a specialized treatment program since. While there, his placement didn't include the traditional treatment in family homes. Boys Town treats abused and neglected children.

The news has been hard on Brooks' mother in Indiana. She says the time her boy spent at Boys Town helped him a lot, but the help might have come too late. "It changed his attitude about life," said September Benson, Nevin's mother. "And helped him to see he can do better."

In 2008, Indianapolis had 115 homicides.