CUMBERLAND — A waiver was granted in Allegany County Circuit Court on Tuesday for Ryan Brooks, 17, to be tried for alleged sexual offenses in the juvenile system rather than being tried as an adult.

Brooks of Arch Street in Cumberland was charged as an adult in December in connection with the alleged sexual assault of a 13-year-old girl.

Prior to Tuesday’s hearing, the court received a report from the Maryland Department of Juvenile Services and a letter from the victim’s mother, saying Brooks would be better dealt with in the juvenile system.

Attorney Michael Stankan called a defense witness who gave his expert opinion and stated the case should be waived back to the juvenile system.

Judge W. Timothy Finan granted the waiver.

After the hearing, prosecutor Jacqueline Brandlen re-filed the charges to be sent to the Department of Juvenile Services.

Brooks was charged with second-degree rape, second-degree assault, second-degree sex offense, possession with intent to distribute marijuana, and possession of marijuana and drug paraphernalia.

The victim was found lying on the sidewalk in the 700 block of Hilltop Drive by an Oldtown woman who was passing by at about 3:15 a.m. on Dec. 14.

The victim, who reportedly was in the company of other girls, was taken to Memorial Hospital, where it was determined she was suffering from hypothermia with a body temperature that had dropped to a dangerously low, life-threatening level, police said.

Police were led to a residence in the 300 block of Grand Avenue where the alleged sexual assault had taken place.

Brooks was released the same day on $7,500 bond, pending his court trial.

The bond no longer applies with the transfer of charges to the juvenile system.