Defendants Accused In Death Of Teen, Diego Stolz, Released From Juvenile Detention

MORENO VALLEY (CBSLA) — Two teenage boys have been released from juvenile detention while they stand trial in connection with the death of Diego Stolz, a schoolmate who passed following a recorded fight.

The names of the teens have not been released because they are minors. Last month, both pled not guilty to a charge of voluntary manslaughter and remained in juvenile detention.

The Riverside County District Attorney's office has confirmed that the two defendants were released Friday.

Defense attorney David Wohl represents one of the 13 year olds who has been ordered to home custody by a judge.

"Well, they were in for 45 days since their arrests. Their behavior was exemplary. They had no prior criminal, juvenile record," Wohl said.

Diego's family declined to comment about the release, which comes just days after they filed a $100 million lawsuit against the Moreno Valley School District over the fight at Landmark Middle School.

"It makes me sad that these are the circumstances in which I have to defend him in, but I'm going to do it because I promised him," said Jazmin Salcedo, Diego's sister.

On Saturday, the family's attorney David Ring sent CBS Los Angeles a statement that read: "The two bullies sucker punched Diego not once, not twice, but three times, including when Diego was lying on the ground unconscious. They killed him."

Ring went on to say, "So whatever the bullies or their lawyer have to say, it's completely worthless. Maybe they can start with 'I'm horrifically sorry.' "

But Wohl countered, "We have evidence that the bullying went back and forth, not just at Diego, but from Diego to our clients. That evidence will come out, but we agree that this was a tragedy that never should have taken place."

The school district says it is not liable. In a statement, the district indicated, "The two boys who attacked and killed Diego are responsible for his death."

But Wohl alleges that the school district failed to supervise the children.

"If they had provided adequate supervision and security, then I doubt very much that this fight would have ever taken place," he said.

The attorneys for the defendants say they will be allowed to continue with their education. It is unlikely they will return to the same district, nor to Landmark Middle School.

Both are scheduled to return to court Dec. 6.