WASECA, Minn. – Attorneys for a teenager accused of plotting a school attack in southern Minnesota say a state appeals court lacks the authority to reinstate felony charges filed against the boy.

Waseca County District Judge Gerald Wolf in July dismissed four counts of attempted murder and two counts of attempted damage to property against 17-year-old John LaDue. Wolf said in his ruling that prosecutors didn't show sufficient evidence that LaDue had made "a substantial step, beyond mere preparation," to commit murder or property damage.

The judge allowed six counts of possession of explosives to stand.

LaDue was arrested in April after authorities said they found him with bombmaking materials in a storage locker in Waseca. Court documents say they also found guns, explosives and a 180-page journal that outlined a plan to kill his family, set a fire to divert first responders, then go to Waseca Junior and Senior High School and "kill as many students as he could."

Prosecutors have appealed the judge's dismissal, citing steps they claim the teen took to bring his plot to fruition.

The defense argued Tuesday in a legal brief that LaDue's plans were so vague that the charges were essentially speculative. The legal filing said the state was pursuing charges over concerns the teen's actions generated, rather than the facts of his actions. The filing also said the appeals court lacked jurisdiction because the objections to the dismissal of charges couldn't solely be shown to be an issue of law, according to the Mankato Free Press.

The defense for John LaDue filed a legal brief Tuesday that said an appeals court lacks jurisdiction to reinstate felony charges.

Prosecutors want to certify LaDue to stand trial as an adult. He's in a state juvenile facility in Willmar.

Staff and wire reports