SALT LAKE CITY (AP):

A Utah teen accused of punching a football referee who later died was charged yesterday with homicide by assault, a count issued when an attack unintentionally causes death.

Salt Lake County District attorney Sim Gill also said he will seek to try the teen as an adult in the death of 46-year-old Ricardo Portillo.

The charge is less serious than manslaughter. It carries a possible sentence of up to five years in prison for adults, but penalties can be less for juveniles.

Gill said it became clear in looking at the facts that the teenager's actions didn't amount to murder or manslaughter.

"We did not believe we could demonstrate the premeditation or intent to justify those charges," Gill said.

"Those other charges require another type of mental state. We did not believe that type of mental state was present."

The fact that the teenager will soon turn 18, combined with the seriousness of what happened, led Gill to push to have him tried as an adult. The chance of the teen's rehabilitation is minimal, prosecutors said in court documents. A juvenile court judge will ultimately rule on that request.

The 17-year-old, whose name is being withheld by The Associated Press because he's a minor, has been in juvenile detention since April 27 when the incident occurred at a recreational-league football match in a Salt Lake City suburb.

It's unknown when he'll make his first court appearance, and the judge has ordered that no information be made public about future proceedings. His attorney, Monica Diaz Greene, did not return phone messages.

Not much is known about the teenager, although Utah courts spokeswoman Nancy Volmer said he does not have any prior history in juvenile court.