LOUISVILLE, KY (WAVE) - Two teenagers were charged after police say they severely beat a man back in May. 43-year-old Carl Berry was fighting cancer and was too weak to have surgery until July. That surgery was tough on his system and he has been unconscious since then. Now a source tells WAVE 3 the oldest boy will be treated as an adult, and he is charged with another serious crime.
"He's not been able to communicate any," said Berry's fiance Janet Whelan. "He's not woke up. He's not responding. There's nothing."
Berry is still on life support following his July 13 surgery.
"He's never did anything wrong," said Whelan. "He's never broke the law and then here's these kids running around breaking the law and my son's basically left without a father because of some other actions that somebody else chose to take. It doesn't make any sense."
Police say the beating happened outside the Dollar General Store on Shephersdsville Road in May. Surveillance video shows a group of people standing around before the assault when one person get angry and walk off camera. Berry's attorney says the boys' mother watched the whole attack, then drove them home.
She waited outside the courtroom, but didn't answer questions. Her son's attorney Casey McCall, however, confirmed she was in the area during of the attack.
"She has not been named as a compliciter in any of this," said McCall. "There is not charges pending against her. We don't expect there to be any charges against Renika Jones."
Several members of Berry's family were at the courthouse where they learned that the boy will be treated as an adult, which is something they feel is necessary.
"I think that he needs to be held responsible for his actions," said Whelan. "Definitely wasn't the actions of a child."
There is a fund for Carl Berry to help pay for medical expenses. It is The Carl Berry Donation Fund through Chase Bank.