A Las Vegas judge has paused the case against two private school boys accused in an alleged sexual assault on a Costa Rica school trip, halting proceedings while the Nevada Supreme Court reviews whether they can be tried as adults.
District Judge Christy Craig granted a stay, saying she did not believe she had jurisdiction while the appeal is pending.
'I think in light of all the issues that were raised - and the fact that they ordered briefing speaks volumes - I don't think that I have jurisdiction,' Craig said during a court hearing. 'So I'm going to go ahead and grant the stay until we hear back from the Supreme Court.'
The ruling pauses the prosecution of 15-year-olds Vaughn Griffith and Dominic Kim, who attend the elite Alexander Dawson School in Summerlin, where tuition is $32,500 per year.
Both are charged with possession of child sexual abuse material, while Kim also faces two counts of child abuse, neglect or endangerment.
The charges stem from an alleged April 2025 incident during a Costa Rica school trip, when prosecutors say a group of boys staying at the Hotel Manuel Antonio sexually assaulted a classmate after weeks of bullying escalated.
Clark County District Attorney Steve Wolfson has said Nevada prosecutors cannot charge the teens for the alleged rape itself because it occurred overseas, limiting the case to alleged conduct tied to videos.
Defense attorney Josh Tomsheck said Kim is appealing both the charges and his certification as an adult. Court records show Griffith is appealing his adult certification as well.
Vaughn Griffith is accused of filming three classmates holding down another student and raping him with a flute, a Chapstick tube, and toothpaste on a class trip to Costa Rica. He was arrested eight days after the above photo was taken
Kim in court on March 10 where he was granted bail on a $30,000 bond five days after he was charged as an adult
Chief Deputy District Attorney Stacy Kollins said she did not oppose the pause, though she acknowledged frustration with the delay.
'I think on behalf of at least my constituency, there's going to be some disappointment in that because things aren't moving forward, but I want to abide by the rules, I want a clean record,' she said.
Prosecutors have alleged that Kim and other boys took part in a 'gang rape' during the trip and later circulated video of the incident among classmates.
The victim told police that he had been bullied by the group in the past and did not consent to the interaction, reported KTNV.
Griffith's indictment detailed the 'graphic and violent sexual assault' as seen in a two-minute and 16-second video he allegedly posted on Snapchat and saved in his 'Memories' section.
The teen was shown being held down on the bed and clearly under stress as the boys held him in place, according to the indictment.
He was then allegedly sexually assaulted with a flute, a Chapstick tube and toothpaste as he cried and screamed in pain and his attackers laughed.
The victim later reported the alleged assault to his family, prompting a police investigation.
Other teens suspected of involvement have not been charged due to jurisdictional issues.
Dominic Kim, 15, (right) with his parents Sun Hwa Kim and Michael at the Regional Justice Center in Las Vegas on April 14
Both teens were students at The Alexander Dawson School (pictured) in Summerlin, Nevada, when the alleged incident occurred
The boys were staying at the Hotel Manuel Antonio (pictured) in Costa Rica last April when their bullying allegedly escalated to sexual assault
Kim is accused of showing a graphic video of the alleged assault to other students at a separate school event and threatening to kill them if they reported it, according to a civil lawsuit filed by the victim's family.
The case has been mired in legal disputes in recent months, including a failed attempt by Griffith's attorneys to remove Craig from the case.
The victim's attorney, David Chesnoff, said after the hearing that his client remains confident in the justice system.
The case will remain on hold until the Nevada Supreme Court decides whether the teens can be prosecuted as adults.
Tomsheck has argued against trying Kim as an adult, saying his client's actions were wrong but that prosecutors have mischaracterized his intent.
Griffith was certified as an adult earlier this year and charged with possessing a visual depiction of a child engaged in sexual conduct, a felony punishable by one to six years in prison.
The Alexander Dawson School said it was aware of the 'serious allegations' and reported them to law enforcement.
Griffith (left), 15, was the first teen involved in the case to be charged as an adult
The horrific assault is said to have taken place during a private school trip to Costa Rica (pictured)
Evidence in the case has been sealed, and the FBI confirmed its Las Vegas Child Exploitation and Human Trafficking Task Force assisted in the investigation.
Kim was released on $30,000 bail with strict conditions, including surrendering his passport and avoiding contact with minors.
Griffith has pleaded not guilty, while Kim has not yet entered a plea.
The Daily Mail has contacted attorneys, prosecutors and the Alexander Dawson School for comment.