A juvenile court judge will decide whether Rachel Booth, 13, was justified in the fatal shooting July 30 of her father in their Elizabeth Township home, a Common Pleas judge ruled yesterday.

In a rare occurrence, a defense attorney and prosecutor stood together arguing that Rachel and society would be better served by placing her in a judicial system designed to rehabilitate children like her who are charged with adult crimes.

Common Pleas Judge Anthony M. Mariani, after a few moments of contemplative questioning, agreed with the two attorneys that juvenile court should have jurisdiction.

Rachel already had suffered "significant and severe trauma" before she fired a 12-gauge shotgun into the face of her father, Matthew Booth Sr., 34, as he slept on a mattress on the floor of their living room, defense attorney Patrick K. Nightingale said.

Last weekend, while visiting the crime scene with his boss, Deputy District Attorney Mark V. Tranquilli said the prosecutor's office was convinced that Rachel needed treatment more than jail. The girl and her 14-year-old brother were being raised in conditions he described as beyond squalid.

"Conditions in that house are deplorable. I nearly became physically ill when we opened that door," Mr. Tranquilli said. "I've never seen anything like it.

"But," he added, "that, in itself, does not warrant the case being transferred to juvenile court."

Hours before the shooting, Rachel was beaten and raped by her father, Mr. Nightingale said. It was typical of how Mr. Booth treated the girl for at least half of her young life, the girl told investigators.

Mr. Tranquilli said Rachel had been examined as a possible rape victim and found to have had sexual contact.

The girl has told investigators that she had been sexually assaulted from age 7 by her father.

Investigators are awaiting results of recent DNA tests to determine whether her father recently had sexual contact with her.

The Booths' front room had served as a bedroom shared by Mr. Booth, an avid hunter, and his daughter, who slept on a couch there. The shotgun also was kept in that room.

In a motion presented yesterday to Judge Mariani, Mr. Nightingale argued four key points in asking that the court's Family Division, juvenile section, assume jurisdiction of the case.

The motion argued that the Family Division would better serve Rachel's and the public's interest, considering the impact of the alleged offense on the community and the nature and circumstances involved; that the juvenile system offers far better alternatives than do the adult courts to address the public interest and Rachel's interests; that the girl is amenable to treatment, supervision and rehabilitation, considering her youth and lack of criminal sophistication; and that because of the potential for juvenile court to serve the interests of Rachel and the public, the case should be handled there.

"The public interest is not going to be served by taking Rachel Booth and putting her in prison for the next 30 or 40 years," Mr. Tranquilli said.

The defense motion to transfer the case made no allegation of sexual or physical abuse, which likely will be the basis of her defense in any court.

Absent any expert testimony or reports detailing Rachel's living conditions, her mental state or the treatment she received from her father, Judge Mariani appeared reluctant to sign off on the transfer of the case.

"We should have some kind of factual basis to say that I agree independently" with the case transfer, the judge said.

The attorneys pointed out that Rachel had been in counseling in the past for a mood disorder and possible signs of depression. She had been on medication as well.

She had discontinued all treatment and medication by the time her father was shot.

Judge Mariani pointed out this was counter to the lawyers' arguments to move the case.

Mr. Tranquilli explained that Rachel, unlike other young defendants, had no prior criminal record, and had been attacked just hours before the shooting.

At that point, Judge Mariani agreed to grant the motion.

That means Rachel, if she is found delinquent, could be kept under juvenile supervision until she is 21.

If a juvenile court judge finds that the shooting was justified, she still could remain under the court's jurisdiction until age 18, her lawyer said.

Some of Mr. Booth's friends and relatives have denied that he ever sexually assaulted his daughter.

Bruce S. Gelman, an attorney representing Mr. Booth's parents, who have temporary custody of his son, Matthew Jr., said his clients do not believe Rachel's allegations.

Ann and Clarence Booth of McKeesport want to keep their grandson and make sure he gets emotional and psychological support, Mr. Gelman said.

"They do not agree with the allegations. They do not believe their son assaulted Rachel," Mr. Gelman said. "They're hoping that the police and district attorney fully investigate every aspect of the case ... rather than just taking her word on what happened."

Depending on when she is discharged from Western Psychiatric Institute and Clinic, where she was sent this week on a court order, Rachel could be housed at Shuman Juvenile Detention Center instead of the county jail, where she spent the first four nights after her arrest.

Jack Simmons, Shuman's director, said declaring Rachel's case a juvenile matter makes her eligible to be placed there until more long-term arrangements are made.