HUTCHINSON- A defense request to return a Kansas teen accused of killing his mother and sister to juvenile detention was denied by a Reno County judge on Monday.

Samuel Vonachen, 16, Hutchinson, was moved to the new Reno County Jail last week.

The defense immediately filed a motion in the case.

Defense Attorney John Henderson Jr. argued that he is not required to be housed at the jail and that the judge has discretion to place him back in juvenile detention. Henderson argued that

is no longer with those his own age and can’t participate in educational programs and activities.

Senior Assistant District Attorney Steve Maxwell argued the opposite saying the defendant is not a child in the eyes of the court, saying he is charged as an adult, will be sentenced as an adult if convicted and is in the custody of the sheriff.

He said the court should not be telling the sheriff how to run his business.

Vonachen is charged with two counts of first-degree murder, attempted first-degree murder and aggravated arson.

Authorities allege Vonachen, who was 14-years-old at the time, spread gas through the downstairs of his family’s home and set it on fire.

The September 26, 2013 fire killed his 11-year-old sister and mother. His father however was able to escape.

The trial is still scheduled to begin on September 21.