The 15-year-old accused of 9 counts of murder after the van he was allegedly driving flipped on the Frontage road in Palmview on April 10th"said he was forced into smuggling those 17 illegal immigrants.
He claimed he and his family were threatened with death if he did not comply with the orders.
Hidalgo County District Attorney Rene Guerra told Action 4 News that everyone has a choice and the teen should face adult charges.
"Everyone has excuses when they get caught. When you don't get caught you don't tell them you're sorry you got away with it. How do you make up for 9 deaths?"
Guerra said, just because he wants to try the teen as an adult does not mean it will happen.
"I hope the judge will certify him, Guerra said. We will indict him before a grand jury and prosecute him for the murder of the 9 aliens."
Before that can happen the 15-year-old Alton teen has to undergo a psychological evaluation"from there the judge will decide whether or not he is mature enough to face adult charges.
"What he did can TMt be punished in another manner, Guerra said.
The teen remains in the custody of the Hidalgo County Juvenile Detention Center while he awaits his fate.