HOUSTON -

Prosecutors have filed a petition with the court to formally charge a 16-year-old boy in connection to the brutal death of Coriann Cervantes.

There is still no word on what the charge may be because juvenile records are sealed.

According to investigators, the 16-year-old and Jose Reyes, 17, lured Cervantes, 15, to a vacant apartment in Clear Lake where the boys sexually assaulted and then murdered her as part of a satanic ritual.

"There were no motions filed today. A petition was filed by the District Attorney Martina Longoria and we have another setting on Thursday, which is a non-issue setting," said the 16-year-old's attorney, Brian Fischer, on Tuesday.

A decision on whether the 16-year-old will be tried as an adult has not yet been made. 

Tuesday the judge ordered the 16-year-old stay in jail.

Reyes is being held without bond on capital murder charges. Neither teen is eligible for the death penalty under Texas law because both are under the age of 18.