Two juveniles who are linked to an inferno which cost a mother and daughter their lives are charged with first-degree murder, and almost 40 counts of attempted murder. That fire also left nearly 50 residents of an apartment complex homeless.

A decision as to whether the youths will face criminal punishment as adults has not been made, according to First Judicial spokesperson Brionna Boatright.

First Judicial District Attorney Alexis King on Monday charged the 12- and 14-year old with two counts each of first degree murder with extreme indifference, 39 counts of attempted murder with extreme indifference, 15 counts of first degree arson, and 1 count each of felony criminal mischief and misdemeanor criminal mischief.

Each of the young defendants also received 42 counts of juvenile aggravated sentence enhancers.

When Magistrate Bryce Allen asked the two juveniles if they understood the charges, the 14 year old answered “Yes sir” and the 12 year old said “Yes, your honor.” This was the first time either one of them has addressed the court.

The boys appeared for a hearing on Webex from the Rocky Mountain Juvenile Services Center where they are being held without bond. Several victims, guardians, lawyers and reporters were listening in on the virtual hearing. The case holds a huge amount of interest because of the severity of the charges and the ages of the defendants.

Magistrate Allen told the boys that they were not to have any contact with nearly 50 people, naming each one and their birth dates. He also ordered them to stay away from Lakewood’s Tiffany Square Apartments where the intense fire broke out early Halloween morning. Witnesses have told The Denver Gazette the fire began in a bottom floor apartment on the northwest corner.

Kathleen Payton, 31 and her 10-yearold daughter Jazmine Payton-Aguayo died of smoke inhalation in their second floor apartment Oct. 31. Residents told The Denver Gazette that they woke up to the first flames at around 4 a.m. At least two families jumped out of second story windows and survived, but lost everything except what they were wearing at the time.

Ten people were injured including a firefighter who suffered from smoke inhalation.

Prosecutors who read from affidavit at the last hearing said that the boys set the fire in retaliation for being kicked out of one of the units.

The next court date for the juveniles will be an arraignment on Monday, Nov. 14. The 14-year old has a court date in Denver District court Nov. 29 on a separate matter.