The teenagers accused of surrounding Michael Brewer and setting him on fire will have to be released from custody after Nov. 12 unless prosecutors charge them as adults, Broward judges said Monday.

The judges granted a nine-day extension for the Broward State Attorney's Office to file formal criminal charges against five of Brewer's schoolmates, who were arrested within a day of the attack at a Deerfield Beach apartment complex.

Prosecutors still hope for a firsthand account from the 15-year-old victim, who remains in critical condition at the Jackson Memorial Hospital burn center in Miami. Brewer, who was burned over 65 percent of his body, is unable to speak, doctors and family members said. Family members were relieved late last week when Brewer opened his eyes for the first time, but said Sunday night was one of his most difficult since the Oct. 12 attack.

Dr. Nicholas Namias, the burn center's medical director, said he would be ``pleasantly surprised'' but it was unrealistic to expect Brewer's condition to improve within the next nine days to the extent that he would be able to provide prosecutors with useful information.

The court's nine-day extension gives prosecutors until Nov. 12 to decide what charges each defendant will face, and whether they will stand trial as adults or as juveniles.

If charged as juveniles, all five will be released in compliance with state law, said Assistant State Attorney Maria Schneider. If charged as adults, they would be subject to a bond hearing.

Under the law, the youngest of the defendants cannot face charges as an adult because he is under age 14 and, as things stand, not going to be charged with a capital crime. Jeremy Jarvis is 13, and the maximum charge he or any defendant would face is attempted murder.

That would change only if Brewer died.

A guardian ad litem has been appointed for Jarvis, whose 15-year-old brother, Denver, is also accused in the attack.

Judge Robert H. Newman scheduled the next hearing Nov. 12 for Denver Jarvis and co-defendants Matthew Bent, 15, and Steven Shelton, 16. Bent is accused of orchestrating the attack, and Jarvis is accused of pouring rubbing alcohol on Brewer.

Judge Merrilee Ehrlich scheduled the next hearing on the same date for Jesus Mendez, 16, who is accused of lighting the fire.

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