A 16-year-old boy was charged with one count of murder and an enhancement for personal use of a dangerous or deadly weapon in Orange County Superior Court. Despite being only 16, prosecutors decided to charge Jesse Shockey as an adult rather than keep him in juvenile court. If convicted, Shockey faces 26 years to life in prison.

Authorities say two weeks before Dylan Austin was killed, Shockey got into a fight with some of Austin's friends at Lark View Park in Huntington Beach. On December 21, 2011, Shockey returned to the same park with his friends when he saw Austin and his friends at the park as well. When the groups started to approach one another, Shockey allegedly armed himself with a knife and started a physical fight with Austin. During the altercation, Shockey allegedly drove the knife into Austin's chest, killing him.

Shockey's Orange County Criminal Defense Attorney did not enter a plea on his behalf. Instead, the case was continued to January 17, 2011 for arraignment and bail review.