Nebraska Supreme Court: Lincoln teen accused of murdering 16-year-old can be tried as an adult

File footage of the case (10/11).

LINCOLN, Neb. (KOLN) - The Nebraska Supreme Court has upheld the decision to try a 16-year-old boy as an adult in the fatal stabbing of a Lincoln teenager.

Attorneys for Stephen “Max” D‘Amore filed a motion in October 2024 to move his case to juvenile court. Judge Ryan Post ruled the case should stay in district court, and the Nebraska Court of Appeals later agreed.

D’Amore then appealed to the Nebraska Supreme Court, arguing the appeals court used the wrong legal test, court documents show. The Supreme Court disagreed and upheld the lower court’s decision.

D’Amore is charged with first-degree murder and use of a deadly weapon in the killing of 16-year-old Xavian Sawyer, who was found with two stab wounds to the chest at a home near North 64th and Adams streets on May 18, 2024.

Sawyer identified D’Amore as his attacker before he died, according to police. Officers believe the two boys had a prior disagreement that escalated at a gathering at D’Amore’s home.

D’Amore claims that he was not seeking conflict and felt cornered when the stabbing occurred. However, Judge Post wrote that D’Amore could be seen exiting his house with a knife and confronting an unarmed teen as he called 911.

“The court can only infer the motivation here was in possible retaliation for the previous pepper spray incident that led to the argument between other individuals at the defendant’s home,” the judge wrote in his order.

D’Amore even acknowledged the stabbing in a video taken at the scene and instructed a witness to delete it, according to the order. The judge said he considered this evidence in his transfer denial.

The order referenced events in D’Amore’s life in the years leading up to Sawyer’s death. Judge Post noted that D’Amore had a history of violent behavior, being referred for assault and vandalism charges on multiple occasions.

D’Amore had also missed roughly 150 days of school between three school years, the judge wrote. When he was at school, prosecutors say D’Amore engaged in fights, threatening behavior and sexual harassment. Court documents also suggest D’Amore associated with known gang members but was not part of a gang himself.

Judge Post noted that D’Amore had been through Juvenile Court before, and he found that the boy had not been receptive to redirection.

“The defendant has shown he is unwilling to learn from past interactions with the juvenile justice system and has continued to show aggressive tendencies and outbursts,” Judge Post wrote. “His first response is aggression so he does not look weak.”

D’Amore posted roughly $75,000 and was later released from the Lancaster County Youth Services Center on May 30, 2024. His bond, which was set at 10% of $750,000, also came with multiple conditions for his release.

D‘Amore had his bond revoked in November and was taken into custody after the court found he had violated the ninth condition of his bond. The condition states D’Amore “shall not be involved, directly or indirectly, in unlawful or disorderly conduct or acts injurious to others.

Documents allege D‘Amore was seen dancing to music in a video posted to social media. In the video, D’Amore allegedly used a vape and made a hand gesture of a gun when the song mentioned a pistol. Another person in the video, who was present at the scene of Sawyer’s death, was reportedly holding a bottle of alcohol.

The judge changed the conditions of the bond and raised the amount to 10% of $1 million. On Nov. 15, 2024, he paid an additional $25,000 and was released once again.

After his bond was revoked and then paid up again, Judge Post said that was only when D’Amore was willing to undergo therapy. His therapist testified that he had since attended seven therapy sessions, but that he had been “voluntold” to do so.